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HomeMy WebLinkAbout04-10-13 Planning and Economic Development Committee Meeting Agenda PEDC Meeting a Planning and Economic Development Committee DATE:April 10, 2013 =i Ithaca Common Council TIME: 6pm LOCATION: 3rd floor City Hall Council Chambers AGENDA ITEMS Item Voting Presenter(s) Time Item? Start 1. Call to Order/Agenda Review No Seph Murtagh, Chair 6:00 *Note on public comment: We will review 2. Special Order of Business the number of cards received at the 6:05 a. Public Hearing—Downtown Zoning Yes beginning of each meeting and adjust time if needed. 3. Public Comment and Response from Committee No 6:30 Members 4. Announcements, Updates, and Reports JoAnn Cornish, Planning Director 6:50 a. Commons No b. Comprehensive Plan No c. Dredging No d. Noise Ordinance Development No e. 2013 Project Overview No 5. Action Items— Voting—Send on to Council a. Resolution for Cascadilla Boathouse Grant Yes Lynn Truame, Planning Staff 7:00 b. Downtown Zoning Changes Yes Jennifer Kusznir, Planning Staff 7:10 c. Repeal of R-1 and R-2 Zoning Changes Yes Jennifer Kusznir, Planning Staff 7:35 (Sent Under Separate Cover) 6. Action items—Approval to Circulate Yes Megan Wilson, Planning Staff 7:50 a. Collegetown Area Form Districts Yes Megan Wilson, Planning Staff 8:15 b. Addition of Green Space Definition in City Code Yes Megan Wilson, Planning Staff 8:30 c. Revision of Building Height in City Code Yes Graham Kerslick, Common Council 8:45 d. Changes to Rental Housing Chapter of City Code 7. Discussion No Committee Members 9:00 a. Elimination of Minimum Parking Requirements: Next Steps (Memo included) 8. Review and Approval of Minutes 9:15 a. March, April, and October 2012 9. Adjournment 9:20 Committee Charge: Review issues pertaining to planning, housing, land use, zoning, historic preservation, neighborhood initiatives, building codes and processes, and economic development. *If you have a disability and require accommodations in order to fully participate,please contact the City Clerk at 274-6570 by 12:00 noon on Tuesday,April 9th,2013. Item # 2a LEGAL NOTICE PLEASE TAKE NOTICE that the Common Council of the City of Ithaca,New York, will hold a public hearing to consider the adoption of a proposal to establish a CBD-50 zoning district, and the proposal to amend the CBD Zoning Districts as follows: Map change from B-2c to CBD-60 for the following parcels or portions of them as shown on the enclosed map: 71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-1-17, 71.-1- 18, 71.-1-19.1, 71.-1-19.2, 71.-1-19.2, 71.4-22, 71.4-3, 71.4-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.- 1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-2.1, 71.-2-20, 71.-2-3, 71.-2-4, 71.- 2-5, 71.-3-3, 71.-3-4, 71.-3-5, 71.-3-6, 71.-3-7, 71.4-1.1, 71.4-1.2, 71.4-10, 71.4-11, 71.4-6, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6- 12, 71.-6-13, 71.-6-14, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.- 6-24, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-23.2, 72.- 3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.4-10, 72.4-13, 72.4-14, 72.4-3, 72.4-4, 72.4-5, and 72.4-9; • Map changes from CBD-60 to CBD -85 for the following parcels or portions of them as shown on the enclosed map: 70.-6-1.1, 70.-6-14, 70.-6-15, 70.-6-17, 70.-6-18, 70.-6-19, and 70.-6-20, 70.-6-21; • Map changes from CBD-60 to CBD -140 for the following parcels or portions of them as shown on the enclosed map: 69.4-1, 70.-5-3, 70.-5-4, 70.-5-5, 70.-5-7, 70.-5-8, 70.-5-9, 70.4-4.1, 70.4-4.2, 70.4-4.3, 70.4-4.4, 70.4-5.1, 70.4-5.2, and 70.-5-10; • Map changes from CBD-60 to CBD -100 for the following parcels or portions of them as shown on the enclosed map: 69.-1-1, 69.4-11, 69.-1-14, 69.-1-3, 69.-1-4, 69.-1-6.2, 69.-1- 7, and 69.-1-8; • Map changes from CBD-85 to CBD -60 for the following parcels or portions of them as shown on the enclosed map: 70.-3-15; • Map changes from B-lb, B-la, and P-1 to CBD-50 for the following parcels or portions of them as shown on the enclosed map: 61.-2-10.2, 61.-2-6, 61.-2-8, 61.4-16, 61.4-3, and 61.-1-4; The hearing will be held in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca,New York, on Wednesday, April 10, 2013 at 6:00 p.m. A copy of the proposed zoning amendments can be viewed in-house at the Planning Department, 3rd Floor City Hall, 108 East Green Street, Ithaca,New York. JoAnn Cornish Director of Planning &Development 3/22/13 SIT CITY OF ITHACA ,r 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 a DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH,DIRECTOR OF PLANNING&DEVELOPMENT Ak � 8 ' i PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT °AS Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 MEMO Date: 4.1.13 To: Planning&Economic Development Committee From: Lynn C. Truame,Historic Preservation Planner Re.: Required Resolution for Cascadilla Boathouse Grant On December 18,2012, the City of Ithaca was awarded$75,290 toward improvements to the second floor of the Cascadilla Boathouse. The grant application was prepared by the Creating Healthy Places Program and submitted on the City's behalf. Planning Division staff has been informed that the authorizing resolution submitted with the grant application did not conform to the requirements of the New York State Department of Parks,Recreation and Historic Preservation(NYSOPRHP), and that before our contract for these grant funds can be prepared we will need to submit a revised resolution that uses their template language. A copy of the original resolution,passed on July 2,2012, is attached. The required form of resolution is also attached. There is no opportunity to reference the prior resolution in the language of the required resolution. Planning Department staff is asking that Common Council pass the revised resolution in its required form so that the funds awarded to the City by the NYSOPRHP may be accessed for this important project. CITY OFI H. 108 East Green.Street Ithaca, New York 14850 OFFICE:OF THE Cin CLERK Fax: 6071/274-6432 Support. for th l df Gr r t M tes t Confine_1 ration the di Boathouse located in Stewart.Park as, outlined_i S r Rehabilitation tlo l l ri -- Resol�tl� A �d d � � ���l r dfy WHEREAS,the 2012 New Yor .State onsol datedFunding pplica n C includes Historic.i Pre- servation,which has a,thief of 6 million available state-'7 id 6r eligible projects to assist programs that include building.renovation.praects,,and WHEREAS, the � i11 t flub tl ri r d St rl. r are eligibly applicants for the programs,and seek to submit an application to the New York State Consolidated Funding Appl.icati n..Hittori Preservation Program., and WHEREAS zipplication for UFA funding requiressubmission of a formal resolution of the uni i lit s p rt t r t appli tin n WHEREAS:,CFA applications are due by July 16,, 2012,;and FEES, funding will allow for the m l ti n of the first stage of renovations to the Cascadilla Boatho usea, located in Stywart Park in the Cif of Ithaca, and WHEREAS,, the C ill � th u i it p rtarit.C`it bite b ildin end is on the National Register of Histori Places,, and FE ES, the C dill Boat Club an the Friends f Stewart Park � local , nonprofit r nI t n , h a very tron interest ir,l� 1pir� to c� rdir� t dig �i�r and panning nin f r the ngoi g r t nan n p t ntlal;improvements of the building and its grounds, and HER EAS, themain a dtcor e o the pr pn pra t is to allow occupancy of the second floor of the Cascadilla Boathousefor fewer than fift .users, and WHEREAS, receipt of this great Will allow for the do strLiction of a stairwayto the second floor and for removal of toxic materials in the third floor rafters and attic, n WHEREAS, the proposed improvements to the Cascadilla Boathouse have been outlined and detailed ire the already approved Stewart Farb Rehabilitation Action Plan, and WHEREAS, no match oding: is required from the City of Ithaca for this application, now,,.therefore be its i '*A Equal Opporturury Employer with a commitment.ent to workforce div rs4fic tkim"" ! RESOLVED, Th t t r City of Ithaca Common G until does hereby support the 2012 application of the C c dill Boat Cluband the Friends �t rt � � '� Stag Consolidated Funding ll tl rr Historic Preservation program for revitalization program for the construction of a stairway to the second flog, and for removal l f toxic materials In the third floor rafters grid attic, and it further RESOLVE , That support of this grant application and u r nt im rovements to the Cascadilla Boat House in no way ensures the City's intent to act to extend, reinforce or expand the expectation f the Cascadilla Boat Club ire regards to the use of the CIty's Blot House. Carried Unanimously STATE OF NEW COUNT OF TOMPKINS SS ClTy OF I H C I, Julie Conley Holcomb, City Clerk of the City.of Ithaca., do hereby citify that the t f.oregolng resolution 'is a true and exact copy of a resolution duly adapted by the Common Council f said City 0f Ith � t r d l r rr� i held do� �day�f I , 2012, and that the same is a complete.copy of the whole,of such resolution. I. WI:.TN FSS WHEREOF,. l have hereunto set my hard and t ie Corporate Seal of the City of Ithada, this day of July,'2012. City Clerk Cif of Ithaca:, New York I! [I,Julie Conley Holcomb, duly qualified and acting Clerk of the City of Ithaca, New York, do hereby certify that the following resolution was adopted at the regular meeting of the Common Council held on May 1, 2013, and is on file and of record, and that said resolution has not been altered, amended, or revoked and is in full force and effect.] RESOLVED: That Lynn C.Truame, as Historic Preservation Planner of the City of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $75,209, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for improvements to the second floor of the Cascadilla Boathouse which will allow occupancy of that space by fewer than fifty users, as further detailed in the grant application, and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. CITY OF ITHACA $ 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 Q <.... .,a,na� ►�, ' DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH,DIRECTOR OF PLANNING&DEVELOPMENT PHYLLISA A.DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning and Economic Development Planner Item # 5 b From: Jennifer Kusznir, Economic Development Planner Date: April 4, 2013 RE: Proposal to Amend Downtown Zoning Districts The purpose of this memo is to provide information regarding a proposal to rezone portions of the Central Business District(CBD). Over the past few months, a working group consisting of the Mayor, two Common Council members, a member of the Planning Board, the Executive Director of the DIA, and members of Planning Division staff have been evaluating the existing downtown zoning designations in order to align them with the goals established by the Downtown Ithaca Alliance's Downtown Ithaca 2020 Strategic Plan, which was endorsed by Common Council. At the March Planning and Economic Development Committee meeting, the proposal to amend the CBD Districts was discussed. At the committee's request, the ordinance and the enclosed draft environmental review were circulated to the Planning Board, the Conservation Advisory Council, various City staff and departments, and the Tompkins County Planning Department. In response to informal comments that were received, the working group has recommended a few additional changes to the proposed ordinance. The enclosed ordinance specifies a 12-15' range in allowable height for the first story of any new construction in any of the CBD zoning districts, and a minimum of 10' for any subsequent floors. In addition, the working group also recommends removing the parking requirement for the 13-2d zoning district. All of the new proposed text is underlined in the enclosed document. No additional comments have been received at this time. Enclosed for your consideration are draft resolutions for lead agency and environmental significance, as well as the draft ordinance. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. Item # 5b 4/4/13 Draft Resolution: Proposed Revisions to the CBD Zoning Districts— Declaration of Lead Agency WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed revisions to the Waterfront Zoning District is a "Type P' Action pursuant to the City Environmental Quality Review Ordinance which requires environmental review under CEQR; now, therefore,be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to establish a new CBD-50 zoning district, to rezone portions of the B-2c zoning district to CBD-60, to rezone portions of the CBD-60 to CBD -85, to rezone portions of the CBD-60 zoning district to CBD -140, to rezone portions of the CBD-60 zoning district to CBD -100, to rezone portions of the CBD-85 zoning district to CBD- 60, and to rezone portions of the B-l b, B-l a, and the P-1 district to the newly established CBD- 50 zoning district. cAdocuments and settingslcpyottldesktop12013 planning and economic development committee104 aprikpacket113-2013-cbd-Ieadagency04-04.doc 04/05/13 Item # 5b 4/4/13 Draft Resolution: Proposed Revisions to the CBD Zoning Districts - Determination of Environmental Significance WHEREAS, the City of Ithaca is considering a proposal to establish a new CBD-50 zoning district, to rezone portions of the B-2c zoning district to CBD-60, to rezone portions of the CBD-60 to CBD -85, to rezone portions of the CBD-60 zoning district to CBD -140, to rezone portions of the CBD-60 zoning district to CBD -100, to rezone portions of the CBD-85 zoning district to CBD-60, and to rezone portions of the B-lb, B- la, and the P-1 district to the newly established CBD-50 zoning district. WHEREAS, appropriate environmental review has been conducted including the preparation of the Full Environmental Assessment Form(FEAF), and WHEREAS, this rezoning has been reviewed by the Tompkins County Planning Department Pursuant to §239-1—m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is a Type I Action under the City Environmental Quality Review Ordinance (CEQR Sec.176-12B), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, reviewed the Full Environmental Assessment Form prepared by Planning Staff and has determined that the adoption of the proposed zoning change will not have a significant effect on the environment; now, therefore,be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Full Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. CADocuments and SettingslcpyottlDesktop12013 Planning and Economic Development Committee104 April\PACKET114-2013-CBD-negdec04- 04.doc 4/5/2013 Item # 5b An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning, " To Establish the CBD-50 Zoning District WHEREAS, the Common Council is committed to dense urban development in the core of downtown, as is expressed in the Downtown Ithaca Alliance's Downtown Ithaca 2020 Strategic Plan, which was endorsed by the Common Council, and WHEREAS, the City of Ithaca is also committed to promoting development that preserves an active pedestrian experience along the street frontage and that respects structures that are historically significant, and WHEREAS, the City of Ithaca recognizes the importance of maintaining a human scale along the street, especially in transitional areas where commercial zones are located nearby residential districts, and WHEREAS, a subcommittee consisting of city planning staff, Common Council members, Planning Board members, the Mayor, and the Executive Director of the Downtown Ithaca Alliance has evaluated the existing downtown zoning and walked the district and has determined that many areas of the central business district are not adequately zoned for the desired development potential in the core areas of the City, therefore BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows : ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows : Section 1 . Chapter 325 ("Zoning") , Section 325-4 ("Establishment of Districts") of the Municipal Code of the City of Ithaca is hereby amended to establish and add the "CBD-50" central business district thereto, and the District Regulations Chart, which is made a part of Chapter 325 by Section 325-8, is hereby amended by adding the following: Page 1 of 8 4/5/2013 Item # 5b Column 1 : Use District - add "CBD-50" . Column 2 : Permitted Primary Uses (for CBD-50) - 1 . Any primary use permitted in the B-2 District. See §160, Design Review. See also 325-8D Additional Restrictions in the CBD districts . Column 3 : Permitted Accessory Uses (for CBD-50) - 1 . Any accessory use permitted in the B-2 District. See §160, Design Review. Column 4 : Off-Street Parking Requirements (for CBD-50) - None . Column 5 : Off-Street Loading Requirements (for CBD-50) - Same as B-2a. Column 6 : Minimum Lot Size (for CBD-50) - No Minimum Lot Size . Column 7 : Minimum Lot Size, Width in Feet at Street Line (for CBD-50) - 10 . Column 8 : Maximum Building Height, Number of Stories (CBD-50) - None . Column 9 : Maximum Height of Building, Height in Feet (for CBD- 50) - 50 . See also 325-8D Additional Restrictions in the CBD Districts . Column 10 : Maximum Percent of Lot Coverage by Buildings (for CBD-50) - 100o Except as required for rear yard. Column 11 : Yard Dimensions, Front, Required Minimum (for CBD-50) - None . Column 12 : Yard Dimensions, Side, One Side at Least (for CBD-50) - None . Column 13 : Yard Dimensions, Side, Other at Least (for CBD-50) - None . Columns 14/15 : Yard Dimensions, Rear (for CBD-50) - 10 feet minimum. Column 16 : Minimum Height of Building, Height in Feet (CBD-50) - Minimum height : 25 feet and a minimum of 2 stories . Page 2 of 8 4/5/2013 Item # 5b Section 2 . Chapter 325, Section 325-8 "District Regulations" is hereby amended to add a subsection 325-8D Additional Restrictions in the CBD Districts, to read as follows : D. Additional Restrictions in the CBD Districts . (1) The CBD-50 zone is located within the DeWitt Park Historic District. New construction in any zone that is located within a designated local historic district is subject to review and approval by the Ithaca Landmarks Preservation Commission for compliance with Sections 228-5 (B) and (C) of the Municipal Code. (2) In the portion of the CBD-85 district directly fronting the 100 block of West Green Street, the front facade of any newly-constructed structure must contain a stepback of between 8-12' after the first 2-4 stories, before the structure can build up to the maximum allowable height of this district . (3) The first story of any new construction located in any of the CBD districts is restricted to 12- 15 feet in height and any additional stories must be a minimum of 10 feet in height . Section 3 . Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4 . Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 3 of 8 4/5/2013 Item # 5b An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325-19, Entitled "Transition Regulations, " is hereby amended as follows : WHEREAS, the current City code allows for properties that are located within two zoning districts to carry the less restrictive regulations into the more restrictive district for up to 30 feet, and WHEREAS, the boundaries of the City' s zoning districts have been carefully planned to limit impacts from large development areas on adjacent zones, and transitional areas have been incorporated into the established boundary lines, and WHEREAS, staff has found that the transitional zoning language does not comply with the intent of the established zoning boundaries, therefore BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows : ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows : Section 1 . Chapter 325, Section 325-19 "Transition Regulations" is hereby amended to delete §325-19A. in its entirety, and all subsequent subsections of §325-19 are hereby re-lettered accordingly. Section 2 . Chapter 325, Section 325-20D (3) is amended to read as f o l lows :Notwithstanding anything contained herein to the contrary, there are no requirements as to the minimum number of off-street parking spaces in the followingzoning oning districts: WEDZ- la CBD-60 CBD-85 CBD-100 CBD-120 B-lb B-2d and B-2c WF-1 and WF-2. Section 32. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 43. Effective date . This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 4 of 8 41512013 Item # 5b Page 5 of 8 4/5/2013 Item # 5b ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows : Section 1 . Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca, entitled "Zoning Map" is hereby amended to change the zoning designation of the following parcels, or some portion of these parcels, as shown on the attached map entitled "Proposed Downtown Rezoning - March 2013", from B-2c to CBD-60 : 71 . -1-11, 71 . -1-12, 71 . -1-13, 71 . -1-14, 71 . -1-15, 71 . -1-16, 71 . - 1-17, 71 . -1-18, 71 . -1-19 . 1, 71 . -1-19 . 2, 71 . -1-19 . 2, 71 . -1-22, 71 . -1-3, 71 . -1-4, 71 . -1-5, 71 . -1-7, 71 . -1-8, 71 . -1-9, 71 . -2-12, 71 . -2-14, 71 . -2-15, 71 . -2-18, 71 . -2-19, 71 . -2-2 . 1, 71 . -2-20, 71 . -2-3, 71 . -2-4, 71 . -2-5, 71 . -3-3, 71 . -3-4, 71 . -3-5, 71 . -3-6, 71 . -3-7, 71 . -4-1 . 1, 71 . -4-1 .2, 71 . -4-10, 71 . -4-11, 71 . -4-6, 71 . - 5-1, 71 . -5-10, 71 . -5-11, 71 . -5-12, 71 . -5-13, 71 . -5-17 . 2, 71 . -5- 18, 71 . -5-19, 71 . -5-2, 71 . -5-20, 71 . -5-23, 71 . -5-24, 71 . -5-4, 71 . -5-5, 71 . -5-7, 71 . -5-8, 71 . -5-9, 71 . -6-1, 71 . -6-10, 71 . -6-11, 71 . -6-12, 71 . -6-13, 71 . -6-14, 71 . -6-17, 71 . -6-18, 71 . -6-19, 71 . - E-20, 71 . -6-21, 71 . -6-22, 71 . -6-23, 71 .-6-24, 71 . -6-26, 71 . -6-5, 71 . -6-6, 71 . -6-7, 71 . -6-8, 71 . -6-9, 71 . -6-9, 72 . -3-10, 72 . -3-12, 72 . -3-14, 72 . -3-15, 72 . -3-16, 72 . -3-17, 72 . -3-18 . 1, 72 . -3-18 . 2, 72 . -3-19, 72 . -3-2, 72 . -3-20, 72 . -3-23 . 2, 72 . -3-24, 72 . -3-26, 72 . -3-3, 72 . -3-6, 72 . -3-7, 72 . -3-8, 72 . -4-10, 72 . -4-13, 72 . -4- 14, 72 . -4-3, 72 . -4-4, 72 . -4-5, and 72 . -4-9 . Section 2 . Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca, entitled "Zoning Map" is hereby amended to change the zoning designation of the following parcels, or some portion of these parcels, as shown on the attached map entitled "Proposed Downtown Rezoning - March 2013", from CBD-60 to CBD- 85 : 70 . -6-1 . 1, 70 . -6-14, 70 . -6-15, 70 . -6-17, 70 . -6-18, 70 . -6-19, and 70 . -6-20, 70 . -6-21 . Section 3. Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca, entitled "Zoning Map" is hereby amended to change the zoning designation of the following parcels, or some portion of these parcels, as shown on the attached map entitled "Proposed Downtown Rezoning - March 2013", from CBD-60 to CBD- 140 : 69 . -4-1, 70 . -5-3, 70 . -5-4, 70 . -5-5, 70 . -5-7, 70 . -5-8, 70 . -5- 9, 70 . -4-4 . 1, 70 . -4-4 . 2, 70 . -4-4 . 3, 70 . -4-4 . 4, 70 . -4-5 . 1, 70 . -4- 5 . 2, and 70 . -5-10 . Page 6 of 8 4/5/2013 Item # 5b Section 4 . Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca, entitled "Zoning Map" is hereby amended to change the zoning designation of the following parcels, or some portion of these parcels, as shown on the attached map entitled "Proposed Downtown Rezoning - March 2013", from CBD-60 to CBD- 100 : 69 . -1-1, 69 . -1-11, 69 . -1-14, 69 . -1-3, 69 . -1-4, 69 .-1-6 . 2, 69 . -1-7, and 69 . -1-8 . Section 5. Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca, entitled "Zoning Map" is hereby amended to change the zoning designation of the following parcels, or some portion of these parcels, as shown on the attached map entitled "Proposed Downtown Rezoning - March 2013", from CBD-85 to CBD- 60 : 70 . -3-15 . Section 6. Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca, entitled "Zoning Map" is hereby amended to change the zoning designation of the following parcels, or some portion of these parcels, as shown on the attached map entitled "Proposed Downtown Rezoning - March 2013", from B-1b, B-la, and P-1 to CBD-50 : 61 . -2-10 . 2, 61 . -2-6, 61 . -2-8, 61 . -1-16, 61 . -1-3, and 61 . -1-4 . Proposed Downtown Rezoning-March 2013 L� Proposed 961 I Proposed 1� cs3Q so - J Z � 1� _•:_ ;,:;'.•'�• � Proposed -coo sa Proposed Pmposed IBD60 �* `� '-- •- Proposed GeD 1 CBQ 14i1 - E � nM 0 _® ® y LU NC1A1�E iJE x - N® ® * 0 ® IX,mot rn I NY State Plane,Central GRS W Uatum R Map Source:Cltyat khaca Znning2llg90rtlmaace y Map Prepared by:GIS Planning,Cky aF kham,NY,,3 March 2013_ Page 7 of 8 4/5/2013 Item # 5b Section 7 . The City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 8 . Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 9. Effective date . This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 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Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly,comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. FEAF Components: Part 1: Provide objective data and information about a given action and its site. By identifying basic project data,it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE-TYPE I AND UNLISTED ACTIONS Identify the Portions of FEAF completed for this action: ®Part 1 ®Part 2 OPart 3 Upon review of the information recorded on this FEAF(Parts,2,and 3,if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact,it is reasonably determined by the Lead Agency that: ®A. The Proposed Action will not result in any large and important impact(s)an is one that will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. L]B. Although the proposed action could have a significant impact on the environment,there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required;therefore,A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. * F-1C. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment;therefore,A POSITIVE DECLARATION WILL BE PREPARED. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action: Rezoning of Portions of the CBD Districts Name of Lead Agency: City of Ithaca Name and Title of Responsible Officer in Lead Agency: Mayor Svante Myrick Signature of Responsible Officer in Lead Agency: Signature of Preparer: Jennifer Kusznir Date: 2/26/13 FULL ENVIRONMENTAL ASSESSMENT FORM PART 1—PROJECT INFORMATION NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the Full Environmental Assessment Form(FEAF) will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. zame of Action: The establishment of the CBD-50 zoning district and the Rezoning of a portions of the CBD oning districts. rocation of Action: City of Ithaca rame of Applicant/Sponsor: City of Ithaca lAddress: 108 East Green Street iCity/TownNillage: Ithaca State: NY ZIP: 14850 rusiness Phone: rame of Owner(If Different): lAddress: City/Town/Village: State: ZIP: rusiness Phone: Description of Action: Establishment of the CBD-50 zoning district, the rezoning of portions of the B-2c zoning district to CBD-60, the rezoning of portions of the CBD-60 to CBD -85, the rezoning of portions of the CBD-60 zoning district to CBD -140, the rezoning of portions of the CBD-60 zoning district to CBD - 100, the rezoning of portions of the CBD-85 zoning district to CBD-60, and the rezoning of portions of the B- lb, B-la, and the P-1 district to the newly established CBD-50 zoning district. 2 Please Complete Each Question--Indicate N/A if not applicable A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: ❑® Urban 0 Industrial 0 Commercial aPublic 0 Forest ❑❑ Agricultural FE-1]Other:_ 2. Total area of project area: —27 Acres square feet Chosen units apply to following section also) Approximate Area (Units in question 2 apply to this section) Presently IF After Completion a. Meadow or Brushland(non-agricultural) b. Forested c.. Agricultural 0 2d. Wetland[as per Articles 24 of Environmental Conservation Law(ECL)] e. Water Surface Area f. Public 0 12g. Water Surface Area 2h. Unve etated(rock, earth or fill) i. Roads,buildings and other paved surfaces 27 11 27 '. Other indicate e) 3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): Howard Chenango/Urban Fill 3b. Soil Drainage: NA L Well Drained % of Site E] Moderately Well Drained % of Site Poorly Drained % of Site 4a. Are there bedrock outcroppings on project site? es LVNo ON/A 4b. What is depth of bedrock? NA (feet) 4c. What is depth to the water table? NA (feet) 5. Approximate percentage of proposed project site 0-10% 100 % L 10-15% % with slopes: F15% or greater % 6a. Is project substantially contiguous to, or does it contain a building, site or district, listed on or X es QNo []N/A eligible for the National or State Register of Commons National District Historic Places? Dewitt Local and National District 6b. Or designated a local landmark or in a local es X o L=�4/A landmark district? 7. Do hunting or fishing opportunities presently es ®o L]N/A If yes, identify each species: exist in the project area? Page 3 SITE DESCRIPTION (Concluded) 8. Does project site contain any species of plant or es ±-�o L]N/A animal life that is identified as threatened or According to: endangered? Identify each Species: 9. Are there any unique or unusual landforms on the es X]No []N/A project site? (i.e., cliffs, other geological formations) Describe: 10. Is the project site presently used by the �Jyes LX No L]N/A community or neighborhood as an open space or If yes, explain: recreation area? 11. Does the present site offer or include scenic views �Jyes NXNo QN/A known to be important to the community? Describe: 12. Is project within or contiguous to a site es LX No []N/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state Describe: agency? 13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a tributary: NA 14. Lakes,ponds, wetland areas within or contiguous a. Name: to project area: NA . Size in acres): 15. Has the site been used for land disposal of solid es ZX No L]NUA or hazardous wastes? Describe: 16. Is the site served by existing public utilities? X Yes []No ❑N/A a. If Yes, does sufficient capacity exist to allow connection? es ONo 0X N/A b. If Yes, will improvements be necessary to �,� allow connection? V�s QNo �Il�/A B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project fill in dimensions as appropriate) la. Total contiguous area owned by project sponsor in acres: 27 lb. Project acreage developed: 27 Acres initially 27 Acres ultimately lc. Project acreage to remain undeveloped: NA ld. Length of project in miles: if appropriate) NA or feet: NA Ile. If project is an expansion, indicate percent of change proposed: NA M Number of off-street parking spaces existing- NA proposed:_ NA 1 .Maximum vehicular trips generated(upon completion ofproject)per day: NA and per hour: NA 4 lh. Height of tallest proposed structure: feet. No structures are proposed,the proposed amendment could allow for the construction of structures up to 140' in height in some sections of the CBD districts. 1'. Linear feet of frontage along a public street or thoroughfare that the project will occupy? NA 2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site: NA or added to the site: NA 3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: NA type of vegetation: NA 4. Will any mature trees or other locally important vegetation be removed by this project? NA 5. Are there any plans for re-vegetation to replace that removed during construction? NA 6. If single phase project, anticipated period of construction NA months, (including demolition 7. If multi-phased project, anticipated period of construction NA months, (incluqjpg demolition 7a. Total number of phases anticipated: NA 7b. Anticipated date of commencement for first phase NA month ear, (including demolition 7c. Approximate completion date of final phase NA month ear. 17d. Is phase one financially dependent on subsequent phases? Dyes ❑❑No MX /A 18. Will blasting occur during construction? Dyes ❑❑No L�/A; if yes, explain: 9. Number of jobsgenerated: during construction 0 after project is completed 10.Number of jobs eliminated by this project: 0 Explain: 11.Will project require relocation of any projects or facilities?D❑Yes X o /A; if yes, explain: 12a. Is surface or subsurface liquid waste disposal involved?❑❑Yes Do ❑ON/A; if yes, explain: 12b. If#12a is yes, indicate type of waste sewage, industrial, etc :NA 12c. If surface disposal, where specifically will effluent be discharged? NA 13.Will surface area of existing lakes,ponds, streams, or other surface waterways be increased or decreased by proposal?❑Dyes EX o M/A; if yes, explain: r14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain? Dyes ONo E /A 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? Circle all that apply)NA 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 Of the ECL?0Yes ERNo ON/A; 14d. If#14a, b or c is yes, explain: NA 15a. Does project involve disposal or solid waste?0Yes © o ON/A; 15b. If#15a is yes, will an existing solid waste disposal facility be used? Dyes Mo a/A; 15c. If#15b is yes, give name of disposal facility- NA and its location: 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfil 0 Page 5 Dyes DNo ® /A; if yes, explain: 15e. Will any solid waste be disposed of on site? Dyes Mo &/A; if yes, explain: 116. Will project use herbicides or pesticides?Dyes Mo ® /A, if yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district? X es Mo ❑ON/A; if yes, explain: Some of the areas being rezoned are located within the Dewitt nationally and locally designated historic district and the Commons nationally designated district. The proposal carefully attempts to avoid impacting nearby historically significant properties. 118. Will project produce odors? Dyes DNo ® /A; if yes, explain: r Will project product operating noise exceed the local ambient noise level during construction? Oyes Mo �/A; After construction?Dyes DNo /A 120. Will project result in an increase of energy use?Dyes ONO © /A; if yes, indicate type(s) NA 1. Total anticipated water usage per day: gals/day. NA Source of water C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? ® es Mo ON/A; if yes, indicate the decision required: Zoning Amendment OZoning Variance Mew/revision of master plan OSubdivision 7 Site Plan OSpecial Use Permit OResource Management Plan DOther: 2. What is the current zoning classification of site? R-3a and R-3b 3. If the site is developed as permitted by the present zoning,what is the maximum potential development? - Currently, there are approximately 3.6 acres zoned CBD-85 that are located in the proposed areas to be re-zoned. CBD-85 allows for 100% lot coverage and 85' building height. For these areas the maximum potential build out is 1.25 million sf of space. This assumes a maximum of 8 stories. The maximum buildout calculation does not take into consideration requirements for a 10 foot rear yard setback. - Currently, there area approximately 4.3 acres zoned CBD-60 that are located in the proposed areas to be re-zoned. CBD-60 allows for 100% lot coverage and 60' building height. For these areas the maximum potential build out is 950,000 sf of space. This assumes a maximum of 5 stories. The maximum buildout calculation does not take into consideration requirements for a 10 foot rear yard setback. - Currently, there area approximately 17 acres zoned B-2c that are located in the proposed areas to be re- zoned. B-2c allows for 85% lot coverage and 50' building height. For these areas the maximum potential build out is 2.5 million sf of space. This assumes a maximum of 4 stories. The maximum buildout calculation does not take into consideration requirements for a 10 foot side yard setback and a 20' rear yard setback. - Currently, there area a roximatel .5acres zoned B-lb that are located in the proposed areas to be re- 6 zoned. B-lb allows for 90% lot coverage and 50' building height. For these areas the maximum potential build out is 86,000sf of space. This assumes a maximum of 4 stories. The maximum buildout calculation does not take into consideration requirements for a 10 foot rear yard setback. Currently, there area approximately 1.38 acres zoned B-la that are located in the proposed areas to be re-zoned. B-la allows for 50% lot coverage and 40' building height. For these areas the maximum potential build out is 90,000sf of space. This assumes a maximum of 3 stories. The maximum buildout calculation does not take into consideration requirements for a 5 foot front yard setback, sideyard setbacks of 10' and 5' and a 20 foot rear yard setback. - Currently, there area approximately .5 acres zoned P-1 that are located in the proposed areas to be re- zoned. P-1 allows for 35% lot coverage and no maximum building height. For these areas the maximum potential build out footprint is 7,500 sf. The maximum buildout calculation does not take into consideration requirements for a 25 foot front yard setback, sideyard setbacks of 10' and a 10 foot rear yard setback. Square Acres of Maximum Maximum Zoning footage of District to be Allowable %lot stories Potential Districts District to be Rezoned Height coverage Square Rezoned Footage CBD-85 157000 3.604224 85 100% 8 1,256,000.00 CBD-60 188130 4.318871 60 100% 5 940,650.00 B-2c 748,377.00 17.18 50 85% 4 2,544,481.80 B-1 b 24000 0.55 50 90% 4 86,400.00 B-1a 60000 1.38 40 50% 3 90,000.00 P-1 21500 0.49 - 35% 1 7,525.00 Maximum Buildout Potential 4,917,531.80 `Since there is no maximum height in the P-1 district, this is the maximum building footprint. 14. Is proposed use consistent with present zoning?Dyes ® o ON/A 5. If#4 is no, indicate desired zoning: from B-2c to CBD-60 : 71 . -1-11, 71 . -1-12, 71 . -1-13, 71 . -1-14, 71 . -1-15, 71 . -1-16, 71 . -1-17, 71 . -1-18, 71 . -1-19 . 1, 71 . -1-19 . 2, 71 . -1-19 . 2, 71 . -1- 22, 71 . -1-3, 71 . -1-4, 71 . -1-5, 71 . -1-7, 71 . -1-8, 71 . -1-9, 71 . -2-12, 71 . -2- 14, 71 . -2-15, 71 . -2-18, 71 . -2-19, 71 . -2-2 . 1, 71 . -2-20, 71 . -2-3, 71 . -2-4, 71 . -2-5, 71 . -3-3, 71 . -3-4, 71 . -3-5, 71 . -3-6, 71 . -3-7, 71 . -4-1 . 1, 71 . -4- 1 . 2, 71 . -4-10, 71 . -4-11, 71 . -4-6, 71 . -5-1, 71 . -5-10, 71 . -5-11, 71 . -5-12, 71 . -5-13, 71 . -5-17 . 2, 71 . -5-18, 71 . -5-19, 71 . -5-2, 71 . -5-20, 71 . -5-23, 71 . -5-24, 71 . -5-4, 71 . -5-5, 71 . -5-7, 71 . -5-8, 71 . -5-9, 71 . -6-1, 71 . -6-10, 71 . -6-11, 71 . -6-12, 71 . -6-13, 71 . -6-14, 71 . -6-17, 71 . -6-18, 71 . -6-19, 71 . — E-20, 71 . -6-21, 71 . -6-22, 71 . -6-23, 71 . -6-24, 71 . -6-26, 71 . -6-5, 71 . -6-6, 71 . -6-7, 71 . -6-8, 71 . -6-9, 71 . -6-91 72 . -3-10, 72 . -3-12, 72 . -3-14, 72 . -3- 15, 72 . -3-16, 72 . -3-17, 72 . -3-18 . 1, 72 . -3-18 . 2, 72 . -3-19, 72 . -3-2, 72 . -3- 20, 72 . -3-23 . 2, 72 . -3-24, 72 . -3-26, 72 . -3-3, 72 . -3-6, 72 . -3-7, 72 . -3-8, 72 . -4-10, 72 . -4-13, 72 . -4-14, 72 . -4-3, 72 . -4-4, 72 . -4-5, and 72 . -4-9; from CBD-60 to CBD —85 : 70 . -6-1 . 1, 70 . -6-14, 70 . -6-15, 70 . -6-17, 70 . -6-18, 70 . -6-19, and 70 . -6-20, 70 . -6-21; from CBD-60 to CBD —140 : 69 . -4-1, 70 . -5-3, 70 . -5-4, 70 . -5-5, 70 . -5-7, 70 . — Page 7 5-8, 70 . -5-9, 70 . -4-4 . 1, 70 . -4-4 . 2, 70 . -4-4 . 3, 70 . -4-4 . 4, 70 . -4-5 . 1, 70 . - 4-5 . 2, and 70 . -5-10; from CBD-60 to CBD —100 : 69 . -1-1, 69 . -1-11, 69 . -1-14, 69 . -1-3, 69 . -1-4, 69 . -1-6 . 2, 69 . -1-7, and 69 . -1-8; from CBD-85 to CBD —60 : 70.-3-15 . from B-1b, B-1a, and P-1 to CBD-50 : 61.-2-10.2, 61.-2-6, 61.-2-8, 61.4-16, 61.-1-3, and 61.- 1-4. 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? All properties in the CBD district have a 100% allowable lot coverage, except as required for rear yard setback requirements. • For those properties proposed to be rezoned to CBD-60, the maximum allowable height of any new construction will be 60 feet with 100% lot coverage. • For those properties proposed to be rezoned to CBD-50, the maximum allowable height of any new construction will be 50 feet with 100% lot coverage.. • For those properties proposed to be rezoned to CBD-85, the maximum allowable height of any new construction will be 85 feet with 100% lot coverage.. • For those properties proposed to be rezoned to CBD-100, the maximum allowable height of any new construction will be 100 feet with 100% lot coverage.. • For those properties proposed to be rezoned to CBD-140, the maximum allowable height of any new construction will be 140 feet with 100% lot coverage. NProposed Square footage Acres of Maximum Maximum Zoning of District to be District to be Allowable %lot Potential District Rezoned Rezoned Height coverage stories Square Footage CBD-50 106100 2 50 100% 4 424,400.00 CBD-60 607590 14 60 100% 5 3,037,950.00 CBD-85 46,460.00 1 85 100% 8 371,680.00 CBD-100 46670 1 100 100% 9 420,030.00 CBD-140 187240 4 140 100% 12 2,246,880.00 Maximum Buildout Potential 6,500,940.00 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? ® es Mo ❑ON/A; If no, explain: 8. What is the dominant land use and zoning classification within a 1/4 mile radius of the project? (e.g. R-la or R-lb) B-la, B-lb, B-2a, B-2c, B-2d, B-4, CBD-100, CBD-120, CBD-60, CBD-85, C-SU, P-1, R-la, R-lb, R-2a, R-2b, R-3a, R-3aa, R-3b, SW-2,WEDZ-lb, WF-1, and WF-2 9. Is the proposed action compatible with adjacent land uses? ® es ❑Mo M/A Explain: 1Oa. If the proposed action is the subdivision of land, how many lots are proposed? NA 10b. What is the minimum lot size proposed? NA 8 11. Will the proposed action create a demand for any community-provided services? (recreation, education, police, fire protection, etc.) ? Dyes ao EE7-'N/A Explain: If yes, is existing capacity sufficient to handle projected demand? Dyes DNo &/A Explain: NA 12. Will the roposed action result in the generation of traffic significantly above present levels? Dyes §o ❑❑N/A If yes, is the existing road network adequate to handle the additional traffic? �X es Q❑No ❑❑N/A Explain: A APPROVALS 11. Approvals: Council Adoption 2a. Is any Federal permit required? Dyes Do M/A; Specify: kb. Does project involve State or Federal funding or financing?Dyes a o ❑ON/A; If Yes, Specify: 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council Yes Adoption Board of Zoning A eals BZA No Planning&Development Board No Ithaca Landmarks Preservation No Commission ILPC) Board of Public Works BPW No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No QURA) J E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal,please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: City of Ithaca Signature: Jennifer Kusznir Title: Economic Development Planner Page 9 City of Ithaca Long Environmental Assessment Form PART 2 — PROJECT IMPACTS AND THEIR MAGNITUDES IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project Small to Potential Can Impact be site? Dyes ImNo Moderate Large Reduced by ___IT Tact Impact Project Change? Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slope in the project exceeds Dyes ❑❑ No 10%. Construction on land where the depth to the water table is less than 3 Dyes ❑❑ No feet. Construction of parking facility/area for 50 or more vehicles. Dyes 0 No Construction on land where bedrock is exposed or generally within 3 Dyes o❑ No feet of existing ground surface. Construction that will continue for more than 1 year or involve more Dyes ❑❑ No than one phase or stage. vacuation for mining purposes that would remove more than 1,000 Dyes D No tons of natural material i.e. rock or soilper year. Construction of any new sanitary landfill. I Dyes ❑❑ No Construction in a designated floodwa . 0 Dyes ❑❑ No Other impacts: existing development is in the 500 year flood plain ❑ es ❑ No 2. Will there be an effect on any unique landforms found on the site? Small to Potential Can Impact be (i.e. cliffs, orges, geological formations, etc.) Moderate Large Reduced by Dyes Ex No Impact Impact Project Change? Specific land forms: 11 E77711 ❑ es ❑ No IMPACT ON WATER 3. Will project affect any water body designated as protected? (Under Small to Potential Can Impact be article 15 or 24 of the Environmental Conservation Law,E.C.L.) Moderate Large Reduced by Dyes g❑ No Impact Impact Project Change? Develo able area of site contains a protected water body Dyes ❑❑ No Dredging more than 100 cubic yards of material from channel of a Dyes 0 No [protected stream. Extension of utility distribution facilities through a protected water Dyes 0No . Construction in a designated freshwater wetland. 11 1 Dyes ❑❑ No Other impacts: 11 [777110yes ❑ No 4. Will project affect any non-protected existing or new body of Small to Potential Can Impact be water? Moderate Large Reduced by Dyes ❑X No Impact Impact Project Change? 10 o10% increase or decrease in the surface area of any body of water Dyes El No or more than a 10,000 s . ft. of surface area. Construction, alteration, or conversion of a body of water that Dyes D❑ No exceeds 10,000 s . ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Dyes . No Lake or the Cayuga Inlet? Other impacts: 17--71 ❑ es 1[--]l No 5. Will project affect surface or groundwater quality? Small to potential Can Impact be Dyes �x No Moderate Large Impact Reduced by Impact Project Change? Project will require a discharge permit. Dyes D No Project requires use of a source of water that does not have Dyes D No a roval to serve ro osed ro'ect. Construction or operation causing any contamination of a public Dyes D❑ No water supply system. Project will adversely affect groundwater. I JEJ[Yes ❑ No �resently iquid effluent will be conveyed off the site to facilities which Dyes D No do not exist or have inadequate capacity. Project requiring a facility that would use water in excess of Dyes ❑❑ No 0,000 gallons per dayor 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious Dyes D❑ No visual contrast to natural conditions. �roducts roposed Action will require the storage of petroleum or chemical Dyes D No greater than 1,100 gallons. FI Other impacts: 11 ❑ es ❑ No 6. Will project alter drainage flow, drainage patterns or Can Impact be surface water runoff? Small to Potential Large Reduced by Moderate Impact Impact Dyes M No Project Change? Project would impede floodwater flows. IF❑ es ❑ No Project is likely to cause substantial erosion. ❑ es J[--11 No Project is incompatible with existing drainage patterns. ❑ es J[--11 No Other impacts: IL 11 ❑ es JE11 No IMPACT ON AIR 7. Will project affect air quality? Small to Moderate Potential Large Can Impact be Dyes F No Impact Impact Reduced by Project Chan e? �eriod roject will induce 500 or more vehicle trips in any 8-hour Dyes ❑❑ No per da . lProject will result in the incineration of more than 2.5 tons Dyes 0 No of refuse per 24-hour day. Pagel 1 Project emission rate of all contaminants will exceed 5 lbs per hour or a heat source producing more than 10 million Dyes D No BTUs per hour. Other impacts: I JEJ[Yes JE11 No IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered Can Impact be species? Small to Moderate Potential Large Reduced b Y Dyes No Impact Impact project Change? Reduction of any species listed on the New York or Dyes D No Federal list,using the site, found over, on, or near site. of any portion of a critical or significant Dyes a No Iremoval ildlife habitat. LApplication of pesticide or herbicide more than twice a Dyes D No ear other than foragricultural purposes. Other impacts: ❑ es 1[--]l No 9. Will proposed action substantially affect non- Can Impact be threatened or non-endangered species? Small to Moderate Potential Large Reduced by Dyes FM No Impact Impact project Change? Proposed action would substantially interfere with any IL Dyes D No resident or migratory fish or wildlife species. Proposed action requires the removal or more than 1/2 acre of mature woods or other locally important DYes ❑❑ No vegetation. Other impacts: ❑ es ❑ No IMPACT ON AESTHETIC RESOURCE—See Part III 10. Will the proposed action affect views, vistas or the Small to Can Impact be visual character of the neighborhood or community? Moderate Potential Large Impact Reduced by Project 1 es ❑❑ No Impact Change? Proposed land uses, or proposed action components obviously different from or in sharp contrast to current Dyes ❑❑ No surrounding land use patterns, whether man-made or natural. Proposed land use, or proposed action components visible to users of aesthetic resources which will Dyes D No eliminate or significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in the elimination or major screening of scenic views known to be important to the Dyes ❑❑ No area. Other impacts: I ❑ es ❑ No 12 IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES—See Part III 11. Will proposed action impact any site or structure of Small to Can Impact be historic, prehistoric or paleontological importance? Moderate potential Large Reduced by es 0 No Impact Impact project Change? QX � Proposed action occurring wholly or partially within or contiguous to any facility or site listed on or eligible for Dyes D No the National or State Register of Historic Places. impact to an archaeological site or fossil bed J�ny cated within the project site. DI'es D No Proposed action occurring wholly or partially within or contiguous to any site designated as a local landmark or X Dyes D No in a landmark district. Other impacts: ❑ es [:] No IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces or recreation Small to potential Large Can Impact be opportunities? Moderate Reduced by DYes MNo Impact Impact project Change? The permanent foreclosure of a future recreational Dyes D No .opportunity. major reduction of an open space important to the communi . Dyes D No Other impacts: 11 ❑ es ❑❑ No IMPACT ON UNIQUE NATURAL AREAS AND CRITICAL ENVIRONMENTAL AREAS 13. Will the proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area(UNA) or a critical environmental area(CEA)by a local or state agency? Dyes [x No Proposed Action to locate within a UNA or CEA? ❑ es ❑ No Proposed Action will result in a reduction in the quality of the resource ❑ es El No Proposed Action will impact the use, function or enjoyment of the resource ❑ es El No Other impacts: ❑ es ❑ No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing Small to Can Impact be ansportation systems? Moderate Potential Large Impact Reduced by Project Dyes ❑ No Impact Change? Iteration of present patterns of movement of [people and/or goods. Dyes D No posed action will result in major traffic r,rroo DYes a No Pagel3 Other impacts: 11 JQ[Yes 101 No IMPACT ON ENERGY 15. Will proposed action affect the community's Small to Can Impact be sources of fuel or energy supply? Moderate Potential Large Impact Reduced by Dyes Ex No Impact Project Change? Proposed action causing greater than 5% increase Dyes D❑ No in any form of energy used in munici alit . Proposed action requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two Dyes ❑❑ No family residences. Other impacts: lMes ❑ No IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration or electrical disturbance during Small to construction of or after completion of this Moderate Potential Large Can Impact be Reduced Impact by Project Change? proposed action? Impact Imes MNo lasting within 1,500 feet of a hospital, school, or other sensitive facility? �Dyes D No Odors will occur routinely (more than one hour Foy es ❑❑ No er da Proposed action will produce operating noise exceeding the local ambient noise levels for Dyes D No Oise outside of structure. troposed action will remove natural barriers that ould act as a noise screen. ❑Dyes ON. Other impacts: =1 11 =Mes 1[--]l No IMPACT ON PUBLIC HEALTH 17. Will noosed action affect public health and safety? Small to potential Can Impact be Reduced by DyesNo Moderate Impact Large Impact Project Change? Proposed action will cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, Dyes D❑ No radiation, etc.) in the event of accident or upset conditions, or there will be a chronic low-level discharge or emission. Proposed action may result in the burial of"hazardous wastes"in any form(i.e. Toxic, poisonous, highly reactive, Dyes ❑❑ No radioactive, irritating, infectious, etc. Proposed action may result in the excavation or other L= ❑ es 1[:11 No 14 disturbance within 2,000 feet of a site used for the disposal of solid or hazardous wastes. Proposed action will result in the handling or disposal or hazardous wastes (i.e. toxic,poisonous, highly reactive, Dyes D No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid or containgases.) L torage facilities for 50,000 or more gallons of any liquidDYes allo uel. Use of any chemical for de-icing, soil stabilization or the control of vegetation, insects or animal life on the premises Dyes ❑❑ No of any residential, commercial or industrial property in excess of 30,000 square feet. Other impacts: 1L=1 jroVe—s-M No IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existin ffes munity? Small to Potential Large Can Impact be Reduced by See Part III ❑❑ No Moderate Impact Impact Project Change? The population of the City in which the proposed action is located is likely to grow by Dyes D No ore than 5% of resident human o ulation. The municipal budgets for capital expenditures or operating services will Dyes D No increase by more than 5%per year as a result of this proposed action. Irroposed action will conflict with officially Dyes ❑❑ No adopted plans orgoals: Proposed action will cause a change in the Dyes ❑❑ No density of land use. The proposed action will replace or eliminate existing facilities, structures, or areas of Dyes D No historic importance to the community. Development will create a demand for additional community services (e.g. schools, Dyes D No police, and fire, etc. 1Proposed action will set an important X OYes ❑❑ No 1precedent for future actions. Proposed action will relocate 15 or more Dyes ❑❑ No em to ees in one or more businesses. Other impacts: See Part 3 ❑ es 10 No 19. Is there public controversy concerning the Small to proposed action? TBD-See Part III Moderate Potential Large Can Impact be Reduced by Impact Project Change? Yes ❑❑ No ❑ Impact Pagel 5 Either government or citizens of adjacent communities have expressed opposition or ejected the proposed action or have not been ❑DYes No contacted. Objections to the proposed action from withi he community. Dyes ❑❑ No If any action in part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact,proceed to part 3. 16 City of Ithaca Full Environmental Assessment Form—Part III Proposed Rezoning of Portions of the CBD Zoning District March 15, 2013 PROPOSED ACTION The proposed action is the rezoning of certain areas of the CBD district in order to support and encourage dense urban development in the core of downtown, as is expressed in the Downtown Ithaca Alliance's Downtown Ithaca 2020 Strategic Plan, which was endorsed by the Common Council. Specifically, this action includes the following changes to the CBD district: Rezoning from B-2c to CBD-60: 71.-1-11, 71.- 1-12, 71.4-13, 71.4-14, 71.4-15, 71.4-16, 71.4-17, 71.4-18, 71.4-19.1, 71.-1-19.2, 71.-1-19.2, 71.4-22, 71.4-3, 71.4-4, 71.4-5, 71.4-7, 71.4-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-2.1, 71.-2-20, 71.-2-3, 71.-2-4, 71.-2-5, 71.-3-3, 71.-3-4, 71.-3-5, 71.-3-6, 71.-3-7, 71.4-1.1, 71.4-1.2, 71.4-10, 71.4-11, 71.4-6, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-19, 71.-5-2, 71.- 5-20, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-I1, 71.-6-12, 71.- 6-13, 71.-6-14, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-26, 71.-6- 5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3- 18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.4-10, 72.4-13, 72.4-14, 72.4-3, 72.4-4, 72.4-5, and 72.4-9; from CBD-60 to CBD -85:70.-6-1.1, 70.-6-14, 70.-6-15, 70.-6-17, 70.-6-18, 70.-6-19, and 70.-6-20, 70.-6-21; from CBD-60 to CBD -140: 69.4-1, 70.-5-3, 70.-5-4, 70.-5-5, 70.-5-7, 70.-5-8, 70.-5-9, 70.4-4.1, 70.4-4.2, 70.4-4.3, 70.4-4.4, 70.4-5.1, 70.4-5.2, and 70.-5-10; from CBD-60 to CBD -100: 69.4-1, 69.4-11, 69.4-14, 69.4-3, 69.-1-4, 69.4-6.2, 69.-1-7, and 69.4-8; from CBD-85 to CBD -60: 70.-3-15. from B-lb, B-la, and P-1 to CBD-50: 61.-2-10.2, 61.-2-6, 61.-2-8, 61.4-16, 61.4-3, and 61.4-4. ENVIRONMENTAL IMPACTS Impact on Land-No Impact There are no immediate impacts on land that are anticipated as a result of this change in zoning. The zoning will allow for taller buildings to be constructed in some locations, however, there will be no immediate change in the build environment as a result of this action. Any new construction will undergo a separate environmental review and will assess any impacts on land. Impact on Water-No Impact There are no impacts on water anticipated as a result of this action. Impact of Air -No Impact There are no impacts on water anticipated as a result of this action. Impact on Aesthetic Resources—Small to Moderate Impact The proposed action will allow for taller structures to be constructed in certain areas of downtown. If taller structures are constructed the views from some areas may be impacted. However, all of the areas being rezoned are in the central business district and are all built areas. The tallest structure allowed under the proposed zoning would be 140'. The area proposed for 140' is located across the street from a 120' zoning Pagel 7 district, therefore, the proposed changes are not in sharp contrast from the other allowable heights. New construction in these districts is not expected to eliminate any scenic views that are significant to the community. However, any new construction will have to undergo a full environmental review and to determine the impacts on views. Impact on Historic and Archaeological Resources—Small to Moderate Impact Some of the areas that are proposed to be rezoned are located in the nationally and locally designated Dewitt Historic District and the nationally designated Commons Historic District. All new construction on properties that are being re-zoned to the newly established CBD50, which is located in the Dewitt Historic District will have to undergo ILPC review. For properties that are located in the proposed CBD-140 district beside the Commons Historic District, the zoning district has been drawn 60' back from the building fronts on the Commons. All new construction would be restricted to 60' on the Commons front. In addition, there is one property located in the Commons National Historic District that is being proposed to be rezoned from CBD-85 to CBD-60. This change will allow a maximum allowable height of 60' for any new construction fronting on the Commons. IMPACT ON GROWTH AND CHARACTER OF THE COMMUNITY OR NEIGHBORHOOD—SMALL TO MODERATE IMPACT The proposed zoning changes will allow for a greater square footage of buildout in the downtown area. By encouraging more density in the downtown area, the City can discourage sprawl, create walkable communities, reduce the reliance on single occupancy vehicular travel, and encourage mixed-use commercial/ residential development. The action being reviewed is the zoning change to allow for greater density. Any construction projects will have to undergo a separate environmental review in order to consider any community impacts. PUBLIC CONTROVERSY Public controversy for this action has not yet been determined. Affected property owners will be notified of the proposed action and public hearing will be held before the Commons Council considers the proposed rezoning. 18 CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 ►1v °' DEPARTMENT OF PLANNING AND DEVELOPMENT U° JOANN CORNISH, DIRECTOR OF PLANNING&DEVELOPMENT PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 �a0R�1E�. Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: Planning&Economic Development Committee Item # 6 a FROM: Megan Wilson,Planner DATE: April 4, 2013 RE: Collegetown Area Form Districts—Additional Materials Attached please find additional materials related to the Collegetown Area Form Districts, dated March 12, 2013. These materials include a draft ordinance and accompanying map as well as a draft Full Environmental Assessment Form. The Collegetown Area Form Districts document has not changed, and the attached materials have been prepared based on the Marchl2th draft. Staff will attend the April 10`h Planning & Economic Development Committee meeting to discuss the ongoing work on the proposed zoning and seek permission to circulate it for further comment. If you have any questions or comments, please contact Megan Wilson at mwilsongcityofithaca.org or 274-6560. 4/4/13 Item # 6a An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning" To Establish the Collegetown Area Form Districts WHEREAS, the "2009 Collegetown Urban Plan & Conceptual Design Guidelines" was endorsed by the Common Council on August 5, 2009, and the adoption of a form-based code has been consider °' _to be a critical implementation measure, and WHEREAS, based on the advise of a consultant, the City has decided to pursue a hybrid code rather than a true form-based code because (1) the hybrid code includes regulations of density and use that are not included in true form-based codes and density continues to be a critical issue in the Collegetown area and (2) this type of zoning is new to the City and the hybrid code would ease the transition from traditional zoning, and WHEREAS, a working group consisting of Common Council members, a Planning Board member, and City staff has revised a previous zoning proposal for Collegetown to create a clarified proposal that reflects the goals of the "2009 Collegetown Urban Plan & Conceptual Design Guidelines; " now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows : ORDINANCE NO. Section 1. Declaration of Legislative Findings and Purpose The "2009 Col1pegetown Urban Plan & Conceptual Design Guidelines" identifies several goals for future development in Collegetown. These goals include: • To encourage exceptional urban design and high-quality construction; • To regulate elements of building form to ensure a consistent transition between higher-density and lower-density zoning districts; • To concentrate development in the central areas of Collegetown and protect the character of the established residential neighborhoods; • To preserve and enhance green space that is a vital ecological, recreational, and aesthetic component of the urban environment; and • To promote attractive, walkable neighborhoods that prioritize accommodation of alternate modes of transportation Page 1 of 4 4/4/13 Item # 6a The "2009 Collegetown Urban Plan & Conceptual Design Guidelines" recommends the adoption of a form-based code to regulate elements of building form that are not addressed under traditional zoning. The Collegetown Area Form Districts is a hybrid code that combines regulations of physical form with regulations of use and density. The Common Council finds that the establishment of the Collegetown Area Form Districts will advance the City' s goals for future development in Collegetown as specified in the "2009 Collegetown Urban Plan & Conceptual Design Guidelines . " Section 2 . Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City of Ithaca are hereby amended to establish and add the Collegetown Area Form Districts which include the following zoning districts: Collegetown Residential 1 (CR-1) , Collegetown Residential 2 (CR-2) , Collegetown Residential (CR-3) , Collegetown Residential (CR- 4) , Mixed Use 1 (MU-1) , and Mixed Use 2 (MU-2) . Section 3. Chapter 325 of the Municipal Code of the City o thaca is hereby amended to add a new Article to be inserted as Artic e IX, entitled "Collegetown Zoning, " and all subsequent articles and sections shall be hereby renumbered accordingly. "§325-45 Collegetown Area Form Districts, " dated March 12, 2013, shall be inserted in its entirety into said Article IX as §325-45 . Section 4. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-lb, and R-3a to CR-1 for the following tax parcels : 64 . -6-1; 64 .-6-2 .2; 64 .-6-3; 64 .-7-1; 64 .-7-2; 64 .-7-3; 64 .-7-4; 64 .-7-5; 64 .-7-6; 65 .-2-1; 65.-2-2; 65.-2-3; 65 .-2- 4; 65.-2-5; 67 .-2-8; 67 .-2-9; 67 .-2-10; 67 .-2-11; 67 .-3-18; 67 .-3-19; 67 .-3-20; 67 .-3-21; 67 .-3-22 83 .-6-2; 84 .-1-1; and a portion of 67 .- 2-5. The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - April 2013, " a copy of which shall be on file in the City Clerk's office. Section 5. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-2a, R-2b, and R-3a to CR-2 for the following tax parcels: 64 .-1-1; 64 .-1-2; 64 .-1-4; 64 .-3-1; 64 .-3-2; 64 .-3-3; 64 .-3-4; 64 .-3-5; 64 .-3-6; 64 .-3-7; 64 .-3-8; 64 .-4- 1; 64 .-4-2; 64 .-4-3; 64 .-4-4; 64 .-4-5; 64 .-5-1; 64 .-5-2; 64 .-5-3; 64 .- 5-4; 64 .-8-7; 64 .-8-8; 64 .-8-9; 64 .-8-10; 65.-1-1; 65 .-1-2; 65.-1-3; 65 .-1-4; 65.-1-5; 68 .-6-12; 68 .-6-13; 68 .-6-14; 68 .-6-15; 68 .-7-2; 68 .-7-3; 68 .-7-4; 68 .-7-5; 68 .-7-6; 68 .-7-7; 68 .-7-8; 68 .-8-6; 68 .-8- 9; 83.-3-2; 83 .-3-3; 83.-3-4; 83 .-3-5; 83.-3-6. 1; 83.-3-6.2; 83 .-3-7; 83 .-3-8; 83.-3-9; 83.-4-1; 83.-4-3; 83 .-4-4; 83 .-4-5; 83.-4-6; 83 .-6- 1; and 83.-6-3 . The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - April 2013, " a copy of which shall be on file in the City Clerk' s office. Page 2 of 4 4/4/13 Item # 6a Section 6. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-2a, R-2b, R-3a, and R-3b to CR-3 for the following tax parcels: 64 .-2-7; 64 .-2-8; 64 .-2-9; 64 .-2- 11; 64 .-2-13; 64 .-2-33; 64 .-8-1; 64 .-8-2; 64.-8-3; 64 .-8-4; 64 .-8-5; 64 .-8-6; 64 .-8-11; 64 .-9-3; 64 .-9-4; 64 .-9-5; 64 .-9-7; 64 .-9-8; 64 .-9- 9; 67 .-2-3; 67 .-2-4; 67 .-3-2; 67 .-3-3; 67 .-3-23; 67 .-3-24; 67 .-3-25; 67 .-3-26; 68 .-5-14; 68 .-5-15; 68 .-5-16; 68 .-5-17; 68 .-5-18; 68 .-5-19; 68 .-6-1; 68 .-6-16; 68 .-6-17; 68 .-6-18; 68 .-6-19; and a portion of 67 .- 2-5. The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - April 2013, " a copy of which shall be on file in the City Clerk' s office. Section 7 . The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-lb, R-3a, and R-3b to CR-4 for the following tax parcels : 64 .-2-2; 64 . -2-4; 64 .-2-5; 64 . -2=6; 64 .-2-14; 64 .-2-15; 64 .-2-17; 64 .-2=18; 64 . -2-19; 64 .-2-20; 64 .-2-22; 64 .-9-1; 64 .-9-2; 64 .-9-6; 64 .-9-10; 64 .-10-7; 64 .-10-8; 64 .-10-9; 64 .-10-10; 64 .-10-11; 67 .-1-4; 67 .-1-5; 67 . -1-7; 67 .-1-8; 67 .-2-1; 67 .-2-2; 67 .-2-12; 67 .-2-13; 67 . -2-14; 67 .-2-15; 67 .-2-16; 67 .-2-17; 67 .-2-18; 67 .-3-1; 67 .-3-29; 67 . -3-30; 67 .-3-31; 68 .-4-3; 68 .-4-9; 68 .-4-10; 68.-4-11; 68 .-4-12; 68 .-4-13; 68 .-4-14; 68 . -4-15; 68 .-5-2; 68 .-5-3; 68 .-5-4; 68 .-5-5; 68 .-5-6; 68 .-5-7; 68 . -5-8; 68 .-5-9; 68 .-6- 2; 68 .-6-3; 68 .-6-4; 68 .-6-5; 68 .-6-6; 68 . -6-7; 68 .-6-8; 68 .-6-9; 68 .- E-10; 68 .-6-11; 83 .-4-2; and portions of 64 .-10-13; 64 .-10-15; 67 .-1- 1; 67 .-1-3; 67 .-1-6; and 67 .-1-12 . The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - April 2013, " a copy of which shall be on file in the City Clerk' s office. Section 8. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-3b to MU-1 for the following tax parcels: 67 .-1-9; 67 .-1-10; 67 .-1-11; 68 .-5-10; 68 .-5-11; 68 .-5- 12; 68 .-5-13; and portions of 67 .-1-3; 67 .-1-6; and 67 .-1-12 . The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - April 2013, " a copy of which shall be on file in the City Clerk' s office. Section 9. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-3a, R-3b, U-1 and B-2b to MU- 2 for the following tax parcels: 63.-5-2; 63 .-5-3; 63 .-5-5; 63 .-5-7; 63 .-5-8; 63.-5-9; 63.-6-1; 63.-6-2; 63.-6-3; 63 .-6-4; 63.-6-5; 63 .-6- 8; 63.-6-14; 63.-6-17; 63.-6-19; 63.-6-20; 63.-6-21; 63 .-6-23; 63 .-6- 24; 63 .-6-25; 63 .-6-26; 64 .-2-1; 64 .-2-23; 64 .-2-24; 64 .-2-26; 64 .-2- 27; 64 .-2-28; 64 .-2-29; 64 .-2-30; 64 .-2-31; 64 .-2-32; 64 .-10-1; 64 .- 10-2; 64 .-10-3; 64 .-10-4; 64 .-10-5; 64 .-10-6; 64 .-10-17 .2; 64 .-10-18; Page 3 of 4 4/4/13 Item # 6a 64 .-10-19; 64 .-10-20; 64 .-10-21; 68 .-4-6; 68 .-4-7; 68 .-4-8; and portions of 64 .-10-13; 64 .-10-15; and 67 .-1-1 . The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - April 2013, " a copy of which shall be on file in the City Clerk' s office. Section 10. All applicable sections within the Municipal Code of the City of Ithaca shall be updated in accordance with the amendments made herewith. Section 11 . Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 12 . Effective date. This ordinance shall take of immediately and in accordance with law upon publication of n ices as provided in the Ithaca City Charter. Page 4 of 4 Collegetown Area • April 2013 IN aff 101 Legend mins re, MU-1 �■ � ` _III_ ,, ...,- � _,�� r .. _. I. . II • �� �� ► .. /�/ • , No Change .. Proposed Historic Designation � ■ 111 � East Hill Historic District � �11111� Map Source:Tompkins County :NY State Plane,Central GIRS 80 Datu . •• �_ k .. . Source:City of Ithaca GIS Planning 201 1:4,309 Map Prepared b Item # 6a CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: The Full Environmental Assessment Form(FEAF) is designed to help applicants and agencies determine, in an orderly manner,whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly,comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. 0 oor8 FEAF Components: Part 1: Provide objective data and information about a given action and its site. By identifying basic project data,it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS Identify the Portions of FEAF completed for this action: Part 1 FX7Part 2 FX7Part 3 Upon review of the information recorded on this FEAF(Parts,2,and 3,if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact,it is reasonably determined by the Lead Agency that: �A. The Proposed Action will not result in any large and important impact(s)and is one that will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. L]B. Although the proposed action could have a significant impact on the environment,there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required;therefore,A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. * FIC. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment;therefore,A POSITIVE DECLARATION WILL BE PREPARED. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action: Establishment of the Collegetown Area Form Districts and Rezoning of Portions of the R-lb, R-2a, R-2b, R-3a, R-3b, and B-2b Districts to Collegetown Residential (CR) and Mixed Use (MU) Name of Lead Agency: City of Ithaca Common Council Name and Title of Responsible Officer in Lead Agency: Mayor Svante Myrick Signature of Responsible Officer in Lead Agency: Signature of Preparer: Date: April 4, 2013 Item # 6a FULL ENVIRONMENTAL ASSESSMENT FORM PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the Full Environmental Assessment Form(FEAF) will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate ands ecify each instance. ame of Action: Establishment of the Collegetown Area Form Districts and Rezoning of Portions of the R-lb, R-2a, R-2b, R-3a, R-3b, and B-2b Districts to Collegetown Residential (CR) and Mixed Use (MU) Location of Action: Collegetown area, City of Ithaca(see project description) [Name of Applicant/Sponsor: City of Ithaca ddress: 108 East Green Street Ci /Town/Villa e: Ithaca State: NY ZIP: 14850 Business Phone: (607) 274-6550 [Name of Owner If Different): [Address: Ci /Town/Villa e: State: ZIP: Business Phone: Description of Action: 1. Establishment of the Collegetown Area Form Districts: Collegetown Residential (CR-1, CR-2, CR-3, and CR-4) and Mixed Use (MU-1, MU-2) zoning districts. 2. Rezoning of portions of the R-lb and R-3a zoning districts to CR-1; rezoning of portions of the R-2a, R- 2b, and R-3a zoning districts to CR-2; rezoning of portions of the R-2a, R-2b, R-3a, and R-3b zoning districts to CR-3; rezoning of portions of the R-lb, R-3a, and R-3b zoning districts to CR-4; rezoning of portions of the R-3b zoning district to MU-1; and rezoning of portions of the U-1 and B-2b zoning districts to MU-2. 2 Item # 6a Please Complete Each Question--Indicate N/A if not applicable A. SITE DESCRIPTION (Physical setting of overall project,both developed and undeveloped areas. 1. Present Land Use: ❑X Urban a Industrial XD Commercial . Public ❑❑ Forest Agricultural ❑Other:_ 2. Total area of project area: —40 Acres square feet (Chosen units apply to following section also) Approximate Area (Units in question 2 apply to this section) Presently After Completion 2a. Meadow or Brushland (non-agricultural) 0F 0 2b. Forested 0� 0 2c. Agricultural 0 Fiic Q 2d. Wetland [as per Articles 24 of Environmental Conservation Law(ECL)] 0� 0 2e. Water Surface Area 0 0 2L Public Dryden Park 0.5 ir 0.5 2 . Water Surface Area 0 2h. Unve etated rock, earth or fill) 0 i. Roads,buildings and other paved surfaces including yards) L 39.5 IF 39.5 '. Other indicate e L 0 Ir 0 3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): Hudson-Dunkirk; Howard- Palmyra; Cazenovia-Ovid 3b. Soil Drainage: N/A L Well Drained % of Site E] Moderately Well Drained % of Site Poorly Drained % of Site 4a. Are there bedrock outcroppings on project site? 1 es ❑No X /A 4b. What is depth of bedrock? N/A (feet) 4c. What is depth to the water table? N/A feet) 5. Approximate percentage of proposed project site 0-10% 45 % L 10-15% 40 % with slopes: im IE15% or greater 15 % 6a. Is project subs antially contiguous to, or does it contain a building, site or district, listed on or X Yes E]No L]N/A Contiguous to East Hill eligible for the National or State Register of Historic District Historic Places? 6b. Or designated a locaf landmark or in a local AJYes L]No ®N/A Grandview House (209 landmark district? College Ave.); John Snaith House (140 College Ave.); contiguous to East Hill Historic District 7. Do hunting or fishing opportunities presently es �o QN/A If yes, identify each species: exist in the project area? Page 3 c:\documents and settings\cpyott\desktop\2013 planning and economic development committee\04 april\packet\21 -2013 collegetown area form districts feaf form.doc Item # 6a SITE DESCRIPTION (Concluded) 8. Does project site contain any species of plant or es X]To LJN/A animal life that is identified as threatened or endangered? According to: Identify each Species: 9. Are there any unique or unusual landforms on the �Jyes �o []N/A project site? (i.e., cliffs, other geological Describe: The project site is located within 100 feet formations) of the Cascadilla Gorge. 10. Is the project site presently used by the X es L]No L]N/A community or neighborhood as an open space or If yes, explain: Dryden Park recreation area? 11. Does the present site offer or include scenic views Yes []No L]N/A known to be important to the community? Describe: long view over valley; views of distant hills, Cascadilla Gorge 12. Is project within or contiguous to a site Eyes []No L]N/A designated a Unique Natural Area(UNA) or Describe: The project is contiguous to UNA-136 critical environmental area by a local or state Cascadilla Gorge. There will be no physical change agency? to the UNA as a result of this action. 13. Streams within or contipbu � ect area: a. Names of stream or name of river to which it is a ii'i tributary: The project is contiguous to the _ Cascadilla Gorge. 14. Lakes, ponds, wetland areas within or contiguous a. Name: to project area: N/A b. Size (in acres): 15. Has the site been used for land disposal of solid es �o L]N/A or hazardous wastes? Describe: 16. Is the site served by existing public utilities? LXJYes QNo ❑N/A a. If Yes, does sufficient capacity exist to allow connection? es ONo �/A b. If Yes, will improvements be necessary to allow connecti P� — �Ton? es QNo X�N/A 4 Item # 6a B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) la. Total contiguous area owned by projectsponsor in acres: 40 or square feet: lb. Project acreage developed: 40 Acres initially 40 Acres ultimately all developed; no chan e lc. Project acreage to remain undeveloped: N/A ld. Len th of project in miles: (if appropriate) N/A or feet: le. If project is an expansion, indicate percent of change proposed: N/A lf. Number of off-street parking spaces existin : N/A proposed: N/A 1 . Maximum vehicular trips generated(upon completion of project)per day: N/A and per hour: N/A lh. Height of tallest proposed structure: No structures are proposed. The proposed zoning would allow for construction of structures of up to 6 stories and 80 feet in some areas. lj. Linear feet of frontage along a public street or thoroughfare that the project will occ py? N/A 2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site: N/A or added to the site: 3. Specify what type of vegetation(trees, shrubs, ground cover) and how much will be removed from the site: acres: N/A type of vegetation: 4. Will any mature trees or other locally important vegetation be removed by thisproject?N/A 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 6. If single phase project, anticipated period of construction N/A # months, (including demolition) 7. If multi-phased project, anticipated period of construction N/A months, (includingdemolition 7a. Total number of phases anticipated: N/A 7b. Anticipated date of commencement for first hase N/A_month ear, (including demolition) 7c. Approximate completion date of final phase N/A month N/A.,--year. 17d. Is phase one financially dependent on subsequent phases? Dyes D❑No [j] /A 18. Will blasting occur during construction? Dyes Mo La/A; if yes, explain: 9. Number of jobs generated: during construction 0 after project is completed_0 10.Number of jobs eliminated by this project: 0 Explain: 11.Will project require relocation of any projects or facilities?❑❑Yes Do ❑❑N/A; if yes, explain: 12a. Is surface or subsurface liquid waste disposal involved?❑❑Yes [E]No M/A; if yes, explain: 12b. If#12a is yes, indicate type of waste (sewage, industrial, etc): 12c. If surface disposal, where specifically will effluent be discharged? r Will surface area of existing lakes,ponds, streams, or other surface waterways be increased or decreased by proposal?❑Dyes XX o ❑ON/A; if yes, explain: 14a. Will project or any portion of ro'ect occur wholly or partially within or contiguous to the 100 ear flood Page 5 c:\documents and settings\cpyott\desktop\2013 planning and economic development committee\04 april\packet\21 -2013 collegetown area form districts feaf form.doc Item # 6a plain? Dyes X❑ o ON/A 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? Circle all that apply) 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 Of the ECL?OYes X❑ o ON/A; 14d. If#14a, b or c is yes, explain: Part of the area proposed for re-zoning under this action is located directly south of Cascadilla Creek. The action will not result in any physical change to Cascadilla Gorge or Cascadilla Creek. Subsequent development proposals will be subject to their own separate environmental review that will be no less protective of the environment. 115a. Does project involve disposal or solid waste?❑❑Yes X❑ o A; 115b. If 415a is yes, will an existing solid waste disposal faqdNy be used? ❑ es ❑ /A; 15c. If#15b is yes, give name of disposal facili : and its loca B" 15d. Will there be any wastes that will not go into a sewage psal s� or into a sanita 01 andfill? ps f'ff ff#ffffff, Dyes ONO K /A; if yes, explain: ff f 15e. Will any solid waste be disposed of on site? ^Yes �No ; if yes, explain: 16. Will project use herbicides or pesticides?LYes L No /A; if yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district? X Yes E3No ON/A; if yes, explain: The area proposed for re-zoning includes two designated local landmarks, the Grandview House (209 College Ave.) and the John Snaith House (140 College Ave.). The proposed zoning will not be incompatible with these landmarks. Any new construction and exterior alterations on the same tax parcel as an individually designated local landmark are subject to review and approval by the Ithaca Landmarks Preservation Commission for compliance with Sections 228-5 (B) and (C) of the Municipal Code. F8. Will project produce odors? Yes 'O1Vo �/A; if yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? Oyes [No X N/A; After construction?OYes ❑❑No MN/A 20. Will project result in an increase of energy use?Oyes ONO X❑ /A; if yes, indicate type(s) 1. Total anticipated water usage per day: gals/day. N/A Source of water 6 Item # 6a C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? XO es DONo M/A; if yes, indicate the decision required: FEI Zoning Amendment OZoning Variance Mew/revision of master plan ❑O Subdivision ❑O Site Plan FE73 Special Use Permit ❑OResource Management Plan ❑OOther: 2. What is the current zoning classification of site? R-lb; R-2a; R-2b; R-3a; R-3b; U-1; B-2b 3. If the site is developed as permitted by the present zoning,what is the maximum potential development? • Currently, the area proposed to be re-zoned includes approximately 5.4 acres that are zoned R-lb. R-lb allows for 25% lot coverage and 3 stories of building height. For these areas, the maximum potential build out calculation is approximately 177,000 square feet of space. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks. • Currently, the area proposed to be re-zoned includes approximately 4.5 acres that are zoned R-2a. R-2a allows for 30% lot coverage and 3 stories of building height. For these areas, the maximum potential build out calculation is approximately 177,000 square feet of space. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks. • Currently, the area proposed to be re-zoned includes approximately 4.3 acres that are zoned R-2b. R-2b allows for 35% lot coverage and 3 stories of building height. For these areas, the maximum potential build out calculation is approximately 197,000 square feet of space. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks. • Currently, the area proposed to be re-zoned includes approximately 9.4 acres that are zoned R-3a. R-3a allows for 35% lot coverage and 4 stories of building height. For these areas,the maximum potential build out calculation is approximately 571,000 square feet of space. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • Currently, the area proposed to be re-zoned includes approximately 7.3 acres that are zoned R-3b. R-3b allows for 40% lot coverage and 4 stories of building height. For these areas, the maximum potential build out calculation is approximately 509,000 square feet of space. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • Currently, the area proposed to be re-zoned includes approximately 0.1 acres that are zoned U-1. U-1 allows for U-1 lot coverage and up to 175' in building height, except that within 200' of residential districts, the maximum building height is limited to 15' more than the maximum building height of the adjacent residential district. In this particular case, the area zoned U-1 is adjacent to an R-3b district and maximum building height is limited to 55'. The maximum potential build out calculation is approximately 22,000 square feet of space. This assumes a maximum of 6 stories. • Currently, the area proposed to be re-zoned includes approximately 8.7 acres that are zoned B-2b. B-2b allows for 100% lot coverage and 6 stories of building height. For these areas, the maximum potential build out calculation is approximately 2.26 million square feet of space. This maximum build out calculation does not take into consideration requirements for a 10' rear yard setback or required off-street parking. Page 7 c:\documents and settings\cpyott\desktop\2013 planning and economic development committee\04 april\packet\21 -2013 collegetown area form districts feaf form.doc Item # 6a Square Acres of Maximum Maximum Maximum Footage of District to Allowable Allowable Maximum Potential Zoning District to be be Height (in Height (in % Lot Square District Rezoned Rezoned feet) stories) Coverage Footage R-1 b 234,224 5.4 35 3 25% 175,668 R-2a 196,788 4.5 35 3 30% 177,109 R-2b 187,461 4.3 35 3 35% 196,834 R-3a 407,795 9.4 40 4 35% 570,913 R-3b 318,391 7.3 40 4 40% 509,426 U-1 3,665 0.1 55 6 100% 21,990 B-2b 376,839 8.7 60 1 6 1 100% 1 2,261,033 Maximum Build Out Potential 3,912,972 4. Is proposed use consistent with present zoning?Dyes �'X No L N/A The proposed action is a zoning. 5. If#4 is no, indicate desired zoning: • Rezoning from R-lb to CR-1 of the following parcels: 64.-6-1; 64.-6-2.2; 64.-6-3; 64.-7-2; 64.-7- 3; 64.-7-4; 64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2; 65.-2-3; 65.-2-4; 65.-2-5; 67.-2-8; 67.-2-9; 67.-2-10; 67.-2-11; 67.-3-18; 67.-3-19; 67.-3-20; 67.-3-21; 67.-3-22; 83.-6-2; 84.4-1; and a portion of 67.-2- 5. • Rezoning from R-3a to CR-1 of the following parcel: 64.-7-1. • Rezoning from R-2a to CR-2 of the following parcels: 64.-3-1; 64.-3-2; 64.-3-3; 64.-3-4; 64.-3-5; 64.-3-6; 64.-3-7; 64.-3-8; 64.4-1; 64.4-2; 64.4-3; 64.4-4; 64.-4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64.- 5-4; 64.-8-7; 64.-8-8; and 65.-1-1. • Rezoning from R-2b to CR-2 of the following parcels: 68.-6-12; 68.-6-13; 68.-6-14; 68.-6-15; 68.- 7-2; 68.-7-3; 68.-7-4; 68.-7-5; 68.-7-6; 68.-7-7; 68.-7-8; 68.-8-6; 68.-8-9; 83.-3-2; 83.-3-3; 83.-3-4; 83.-3-5; 83.-3-6.1; 83.-3-6.2; 83.-3-7; 83.-3-8; 83.-3-9; 83.4-1; 83.4-3; 83.4-4; 83.4-5; 83.4-6; 83.-6-1; and 83.-6-3. • Rezoning from R-3a to CR-2 of the following parcels: 64.4-1; 64.-1-2; 64.-1-4; 64.-8-9; 64.-8-10; 65.-1-2; 65.-1-3; 65.-1-4; and 65.-1-5. • Rezoning from R-2a to CR-3 of the following parcels: 64.-2-9; 64.-2-11; 64.-2-13; and 64.-8-6. • Rezoning from R-2b to CR-3 of the following parcels: 67.-2-3; 67.-2-4; 67.-3-23; 67.-3-24; 67.-3- 25; 67.-3-26; and a portion of 67.-2-5. • Rezoning from R-3a to CR-3 of the following parcels: 64.-2-7; 64.-2-8; 64.-2-33; 64.-8-1; 64.-8-2; 64.-8-3; 64.-8-4; 64.-8-5; 64.-8-11; 64.-9-3; 64.-9-4; 64.-9-5; 67.-3-2; 67.-3-3; 68.-5-14; 68.-5-15; 68.-5-16; 68.-5-17; 68.-5-18; 68.-5-19; 68.-6-1; 68.-6-16; 68.-6-17; 68.-6-18; and 68.-6-19. • Rezoning from R-3b to CR-3 of the following parcels: 64.-9-7; 64.-9-8; and 64.-9-9. • Rezoning from R-lb to CR-4 of the following parcels: 67.-2-1; 67.-2-2; 67.-2-12; 67.-2-13; 67.-2- 14; 67.-2-15; 67.-2-16; 67.-2-17; and 67.-2-18. • Rezoning from R-3a to CR-4 of the following parcels: 64.-2-2; 64.-2-4; 64.-2-5; 64.-2-6; 64.-2-14; 64.-2-15; 64.-2-17; 64.-2-18; 64.-2-19; 64.-2-20; and 64.-2-22. • Rezoning from R-3b to CR-4 of the following parcels: 64.-9-1; 64.-9-2; 64.-9-6; 64.-9-10; 64.-10- 7; 64.-10-8; 64.-10-9; 64.-10-10; 64.-10-11; 67.-1-4; 67.-1-5; 67.-1-7; 67.-1-8; 67.-3-1; 67.-3-29; 67.-3-30; 67.-3-31; 68.4-3; 68.4-9; 68.4-10; 68.4-11; 68.4-12; 68.4-13; 68.4-14; 68.4-15; 68.-5-2; 68.-5-3; 68.-5-4; 68.-5-5; 68.-5-6; 68.-5-7; 68.-5-8; 68.-5-9; 68.-6-2; 68.-6-3; 68.-6-4; 68.- 6-5; 68.-6-6; 68.-6-7; 68.-6-8; 68.-6-9; 68.-6-10; 68.-6-11; 83.4-2; and portions of 64.-10-13; 64.- 8 Item # 6a 10-15; 67.-1-1; 67.-1-3; 67.-1-6; and 67.4-12. • Rezoning from R-3b to MU-1 of the following parcels: 67.-1-9; 67.-1-10; 67.-1-11; 68.-5-10; 68.- 5-11; 68.-5-12; 68.-5-13; and portions of 67.-1-3; 67.-1-6; and 67.4-12. • Rezoning from R-3a to MU-2 of the following parcels: 64.-2-23; 64.-2-24; • Rezoning from R-3b to MU-2 of the following parcels: 64.-10-6; and a portion of 63.-6-17. • Rezoning from U-1 to MU-2 of the following parcel: a portion of 64.-2-1. • Rezoning from B-2b to MU-2 of the following parcels: 63.-5-2; 63.-5-3; 63.-5-5; 63.-5-7; 63.-5-8; 63.-5-9; 63.-6-1; 63.-6-2; 63.-6-3; 63.-6-4; 63.-6-5; 63.-6-8; 63.-6-14; 63.-6-19; 63.-6-20; 63.-6-21; 63.-6-23; 63.-6-24; 63.-6-25; 63.-6-26; 64.-2-26; 64.-2-27; 64.-2-28; 64.-2-29; 64.-2-30; 64.-2-31; 64.-2-32; 64.40-1; 64.-10-2; 64.-10-3; 64.-10-4; 64.40-5; 64.40-17.2; 64.-10-18; 64.40-19; 64.- 10-20; 64.-10-21; 68.4-6; 68.-4-7; 68.4-8; and portions of 63.-6-17; 64.-2-1; 64.-10-13; 64.-10- 15; and 67.-1-1. * 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? • The areas proposed to be re-zoned CR-1 include approximately 3.2 acres. The proposed CR-1 district regulations would allow buildings of up to 3 stories and aximum lot coverage of 30%. This could result in a maximum potential build out of approximately 124,500 square feet within this district. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks. • The areas proposed to be re-zoned CR-2 include approximately 9.3 acres. The proposed CR-2 district regulations would allow buildings of up to 3 stories and maximum lot coverage of 35%. This could result in a maximum potential build out of approximately 424,000 square feet within this district. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks. • The areas proposed to be re-zoned CR-3 include approxi tely 6.5 acres. The proposed CR-3 district regulations would allow buildings of up to 3 stories and maximum lot coverage of 40%. This could result in a maximum potential build out of approximately 337,000 square feet within this district. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • The areas proposed to be re-zoned CR-4 include approximately 9.7 acres. The proposed CR-4 district regulations would allow buildings of up to 4 stories and maximum lot coverage of 50%. This could result in a maximum potential build out of approximately 842,000 square feet within this district. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • The areas proposed to be re-zoned MU-1 include approximately 1.4 acres. The proposed MU-1 district regulations would allow buildings of up to 5 stories and maximum lot coverage of 75%. This could result in a maximum potential build out of approximately 228,000 square feet within this district. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks. • The areas proposed to be re-zoned MU-2 include approximately 9.2 acres. The proposed MU-2 district regulations would allow buildings of up to 6 stories and maximum lot coverage of 100%. This could result in a maximum potential build out of approximately 2.4 million square feet within this district. This maximum build out calculation does not take into consideration requirements for a 10' rear yard setback. Page 9 c:\documents and settings\cpyott\desktop\2013 planning and economic development committee\04 april\packet\21 -2013 collegetown area form districts feaf form.doc Item # 6a r Square Footage of Maximum Proposed District to Acres of Maximum Maximum Maximum Potential Zoning be District to be Allowable Allowable Height % Lot Square Districts Rezoned Rezoned Height in feet in stories Coverage Footage CR-1 138,398 3.2 35 3 30% 124,558 CR-2 403,940 9.3 35 3 35% 424,137 CR-3 281,031 6.5 35 3 40% 337,238 CR-4 421,123 9.7 45 4 50% 842,246 MU-1 60,797 1.4 70 5 75% 227,989 r U-2 399,991 9.2 80 6 100% 2,399,943 Maximum Build Out Potential 4,356,110 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? A�Yes ❑Mo M/A; If no, explain: See "2009 Collegetown Urban Plan & Conceptual Design Guidelines" 8. What is the dominant land use and zoning classificati ain a '/a mile radius of the project? (e.g. R-la or R-lb) R-la; R-lb; R-2a; R-2b; R-3a; R-3aal R-3b; P-1; U-1; B-2b; B-2d; CBD-60 9. Is the proposed action compatible with adjacent land uses? !�' Yes ❑Mo ❑ON/A Explain: 10a. If the proposed action is the subdivision of land, how many lots are prosed? N/A 10b. What is the minimum lot size proposed? N/A 11. Will the proposed action create a demand for any community-provided services? (recreation, education, police, fire protection, etc.) ? [ Yes X❑ o r N/A Explain: The proposed action is a re-zoning. Any new construction will undergo its own environmental review that will be no less protective of the environment and will assess any impacts on community-provided services. If yes, is existing capacity sufficient to handle projected demand? Dyes ONo ❑N/A Explain: 12. Wi:-.1he ro osed action result in the generation of traffic significantly above present levels? X❑ o �(N/A If yes, is the existing road network adequate to handle the additional traffic? ❑ ® o ❑ /A Explain: 10 Item # 6a A APPROVALS 1. Approvals: Common Council Adoption 2a. Is any Federal permit required? Dyes L�o M/A; Specify: b. Does project involve State or Federal funding or financing?DYes o ON/A; If Yes, Specify: c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council Yes Adoption Board of Zoning Appeals BZA No Planning& Development Board No Ithaca Landmarks Preservation No Commission ILPC) Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) Page 11 c:\documents and settings\cpyott\desktop\2013 planning and economic development committee\04 april\packet\21 -2013 collegetown area form districts feaf form.doc Item # 6a E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal,please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify that the information provided above is true to the best of my knowk �e. Applicant/Sponsor Name: City of Ithaca Ail Signature: Title: Planner END OF PART 1 12 Item # 6a City of Ithaca Long Environmental Assessment Form PART 2—PROJECT IMPACTS AND THEIR MAGNITUDES Project Name: Establishment of the Collegetown Area Form Districts and Rezoning of Portions of the R-lb, R-2a,R-2b, R-3a, R-3b, and B-2b Districts to Collegetown Residential (CR) and Mixed Use(MU) IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? Small to Potential Can Impact be ❑Yes X❑No Moderate Large Reduced by Impact Impact Project Change? Any construction on slopes of 15%or greater, (15 foot rise per 100 foot of F- Eyes ❑No length), or where the general slope in the project exceeds 10%. r Construction on land where the depth to the water table is less than 3 ❑Yes ❑No Construction of parking facility/area for 50 or more vehicles. oC F*%L F []Yes ❑No Construction on land where bedrock is exposed or generally within 3 - ❑yes []No of existing ground surface. Construction that will continue for more than 1 year or involve more than []Yes ❑No one phase or stage. C: Evacuation for mining purposes that would remove more than 1,000 tons op []Yes ❑No of natural material (i.e. rock or soil)per year. Construction of any new sanitary landfill. Dyes [:]No Construction in a designates dway. ❑Yes ❑No Other impacts: ❑Yes ❑No 2. Will there be an effect on any unique landforms found on the site? (i.e. Small to 7La l Can Impact be cliffs, gorges, geological format' ns, etc.) Moderate Reduced by []Yes J No Impact Project Change? Specific land forms: []Yes ❑No IMPACT ON WATER 3. Will project affect any water body ignated as protected?(Under Small to Potential Can Impact be article 15 or 24 of the Environment onservation Law,E.C.L.) Moderate Large Reduced by Project []Yes ❑X No Impact Impact Change? Developable area of site con)Ks a protected water body ❑Yes ❑No Dredging more than 100 cubic yards of material from channel of a F F— Extension []Yess ❑No pprotectected ed stream.of utility distribution facilities through a protected water body. F--F— ❑Yes ❑No Construction in a designated freshwater wetland. ❑Yes ❑No Page 13 c:\documents and settings\cpyott\desktop\2013 planning and economic development committee\04 april\packet\21 -2013 collegetown area form districts feaf form.doc Item # 6a Other impacts: ❑Yes ❑No 4. Will project affect any non-protected existing or new body of Small to Potential Can Impact be Reduced water? Moderate Large P []Yes X❑No Impact Impact by Project Change? A 10%increase or decrease in the surface area of any body of []Yes []No water or more than a 10,000 sq. ft. of surface area. FA,,,, Construction, alteration, or conversion of a body of water that a, []Yes []No exceeds 10,000 sq. ft. of surface area. Fall Creek,Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Lake or the Cayuga Inlet? ❑Yes []No Other impacts: [Jjjp 70 I'es ❑No 5. Will Mro'ect affect surface or groundwater quality? ����1�1 11Q Small tip Potential Can Impact be Reduced .. Moderate Large ❑YesNo Ippad Impact by Project Change? Project will require a discharge permit. #s ❑Yes []No Project requires use of a source of water that does ri e ❑Yes []No approval to serve proposed project. „ aah lit waaaaaaaaaaaa98u. aaaaaaoasaah� Construction or operation causing any contamination of a public hhhh water supply system. []Yes []No Project will adversely affect groundwater. I ❑Yes ❑No Liquid effluent will be conveyed off the site to facilities which ❑Yes ❑No presently do not exist or have inadequate capacity. r roject requiring a facility that would use water in excess of ❑Yes ❑No 0,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious ❑Yes ❑No visual contrast to natural conditions. F oposed Action will require the storage of petroleum or chemical ❑Yes ❑No oducts greater than 1,100 gallons. Other impacts: ❑Yes ❑No 6. Will project alter drainage flow, drainage patterns or surface Small to Can Impact be water runoff? Potential Large Dyes X❑No .,;�� Moderate Impact Reduced by Project Impact Change? Project would impede floodwater flows. ❑Yes ❑No Project is likely to cause substantial erosion. ❑Yes ❑No Project is incompatible with existing drainage patterns. ❑Yes ❑No Other impacts: Other impacts: ❑Yes 0 No 14 Item # 6a IMPACT ON AIR 7. Will project affect air quality? Small to Moderate Potential Large Can Impact be Reduced by ❑Yes FX No Impact Impact Project Change? Project will induce 500 or more vehicle trips in any []Yes ❑No 8-hour period per day. F A,AN,L Project will result in the incineration of more than ❑Yes ❑No 2.5 tons of refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs per hour or a heat source producing more than ❑Yes ❑No 10 million BTUs per hour. Other impacts: ` kes ❑No IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered Small to Moderate otential Large Can Impact be Reduced by species? ❑Yes ]No Impact mpact Project Change? Reduction of any species listed on the New York or Federal list,using the site, found over, on, or near []Yes ❑No site. Removal of any portion of a critical or significant ® Oyes ❑No wildlife habitat. Application of pesticide or herbicide more than []Yes ❑No twice a year other than for agricultural purposes. Other impacts: []Yes ❑No 9. Will proposed action substantially affect non- Small to Moderate Potential Large Can Impact be Reduced by threatened or non-endangered species? ® Impact Impact Project Change? ❑Yes ❑X No 4 Proposed action would substantially interfere with []Yes ❑No any resident or migratory fish or wildlife species. Proposed action requires the removal or more than 1/2 acre of mature woods or other locally important []Yes ❑No vegetation. Other impacts: ❑Yes ONO IMPACT ON AESTHETIC RESOURCE 10. Will the proposed action affect views,vistas or the Llodercate o potential Large Can Impact be Reduced by Project visual character of the neighborhood or community? Impact Change? 1yes ❑No See Part III t Page 15 c:\documents and settings\cpyott\desktop\2013 planning and economic development committee\04 april\packet\21 -2013 collegetown area form districts feaf form.doc Item # 6a Proposed land uses, or proposed action components obviously different from or in sharp contrast to current ❑Ycs ❑No surrounding land use patterns,whether man-made or natural. Proposed land use, or proposed action components visible to users of aesthetic resources which will []Yes ❑No eliminate or significantly reduce their enjoyment of aesthetic qualities of that resource. . Proposed action will result in the elimination or major '_ screening of scenic views known to be important to QYes ❑No the area. At Other impacts: QN&O IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure Small to of historic,prehistoric or paleontological importance? Moderate Potential Large Can ImpactFhan uced by Project Yes ❑No See Part III Impact Impact e? X❑ Proposed action occurring wholly or partially within or contiguous to any facility or site listed on or eligible %%%uu ❑Yes []No for the National or State Register of Historic Places. Any impact to an archaeological site or fossil bed []Yes ❑No located within the project site. Ig .=1 Proposed action occurring wholly or partially within or contiguous to any site designated as a local ,, Dyes j]No landmark or in a landmark district. Other impacts: X []Yes X❑No r a J hhY j hh `Cr 16 Item # 6a IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of Small to Can Impact be existing or future open spaces or recreational opportunities? Moderate Potential Large Reduced by Project ❑Yes ❑X No Impact Impact Change? The permanent foreclosure of a future recreational opportunity. ❑Yes ❑No A major reduction of an open space important to the ❑Yes ❑No community. Other impacts: ❑Yes ❑No IMPACT ON UNIQUE NATURAL AREAS AND CRITIC NVIRO MENTAL AREAS 13. Will the proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area S potential Large Can Impact be Reduced (UNA)or a critical environmental area(CEA)by a local or Mode Impact b Project Change? state ag[J*No Impact p y g ❑Yes Proposed Action to locate within a UNA or CEA? ❑Yes ❑No Proposed Action will result in a reduction in the quality ❑Yes ❑No the resource Proposed Action will impact use, function or enjoyment []Yes ❑No of the resource Other impacts: - ❑Yes ]No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation Small to Can Impact be Reduced b sres* s? Moderate Potential Large Impact p y ❑No See Part III Impact Project Change? Alteration of present patterns of mo nt of people and/or goods. Oyes ❑No Proposed action will result in major traffic ❑Yes ❑No problems. Other impacts: I X❑Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources Small to potential Can Impact be Reduced by Project of fuel or energy supply? Moderate Large Impact Change? ❑Yes K]No Impact Proposed action causing greater than 5%increase in any []Yes ❑No Page 17 c:\documents and settings\cpyott\desktop\2013 planning and economic development committee\04 april\packet\21 -2013 collegetown area form districts feaf form.doc Item # 6a form of energy used in municipality. L Proposed action requiring the creation or extension of an energy transmission or supply system to serve more than Eyes ❑No 50 single or two family residences. J Other impacts: ❑Yes ❑No IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors,noise,glareet6'1 kkkk 4 Small to P vibration or electrical disturbance during construction of or Can Impact be Reduced by Project after com letion of this proposed action? Moderate g` Change? ❑Yes XX No Impact il .mpact •ffia Blasting within 1,500 feet of a hospital, school, or other ��� '��&a a �9• o sensitive facility? e4g Odors will occur routinely(more than one hour per day) �� []Yes ❑ Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of []Yes []No structure. �r Proposed action will remove natural barriers that w ❑Yes []No as a noise screen. �I Other impacts: ❑Yes []No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? Small to Potential Can Impact be Reduced ❑Yes LX No Moderate Large Impact by Project Change? Impact Proposed action will cause a risk of explosion or release of hazardous substances (i.e. oil,pesticides, chemicals, Eyes ❑No radiation, etc.) in the event of accident or upset conditions, or there will be a chronic low-level discharge or emission_ Proposed action may result in the burial of"hazardous wastes"in any form(i.e. Toxic,poisonous,highly reactive, ❑Yes ❑No radioactive, irritating, infectious, etc.) Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑Yes ❑No solid or hazardous wastes. J Proposed action will result in the handling or disposal or hazardous wastes(i.e. toxic,poisonous,highly reactive, ❑Yes ❑No radioactive,irritating, infectious, etc., including wastes that are solid, semi-solid, liquid or contain gases.) Storage facilities for 50,000 or more gallons of any liquid fuel. Eyes ❑No Use of any chemical for de-icing, soil stabilization or the I Eyes ❑No control of vegetation,insects or animal life on the premises of 18 Item # 6a any residential, commercial or industrial property in excess of 30,000 square feet. Other impacts: ❑Yes ❑No IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing Small to potential Can Impact be Reduced b community? Moderate p y ❑X Yes ❑No See Part III Impact Large I Project Change? The population of the City in which the proposed action is located is likely to grow by more than 5%of resident human []Yes []No population. The municipal budgets for capital expenditures or operating services will increase by more than 5%per year as a result of ❑Ye this proposed action. Proposed action will conflict with officially adopted plans or ® -6 � goals: NIL ❑Yes ❑No Proposed action will cause a change in the density% X ❑Yes EK No use. 601—*1 The proposed action will replace or eliminate existing facilities, structures, or areas of historic importance to\th7p*# ❑Yes ❑No community. Development will create a demand for additional communit ❑Yes ❑No services(e.g. schools,police, and fire, etc. Proposed action will set an important precedent for future X ❑Yes E]No actions. �V Proposed action will relocate 15 or more employees in one or ❑Yes ❑No more businesses. �� Other impacts: ❑Yes ❑No 19. Is there public controversy concerning the proposed action? Eyes ❑No TBD—See Part III If any action in part 2 is identified as a potential large impact,or if you cannot determine the magnitude of impact,proceed to part 3. Page 19 c:\documents and settings\cpyott\desktop\2013 planning and economic development committee\04 april\packet\21 -2013 collegetown area form districts feaf form.doc Item # 6a City of Ithaca Full Environmental Assessment Form-Part III Establishment of the Collegetown Area Form Districts and Rezoning of Portions of the R-lb, R-2a, R- 2b, R-3a,R-3b, and B-2b Districts to Collegetown Residential(CR) and Mixed Use (MU) PROPOSED ACTION The proposed Collegetown Area Form Districts is one of the key recommendations of the "2009 Collegetown Urban Plan & Conceptual Design Guidelines," endorsed by the Common Council on August 5, 2009. The proposed zoning is a hybrid code in that it is a mix of a form-based code and traditional Euclidean zoning. It includes regulation of physical form that is the focus of form-based codes but also includes regulation of use and density found in traditional zoning. The adoption of the Collegetown Area Form Districts would establish six new zoning districts and re-zone approximately 245 properties in the Collegetown area. The principal goals of the proposed code are to: (1) encourage exceptional urban design and high-quality construction; (2) regulate elements of building form to ensure a consistent transition between higher-density and lower-density zoning districts; (3) concentrate additional development in the central areas of Collegetown and protect the character of the established residential neighborhoods; (4) preserve and enhance green space that is a vital ecological, recreational, and aesthetic component of the urban environment; and (5) promote attractive, walkable neighborhoods that prioritize accommodation of alternate modes of transportation. This action is the establishment of the Collegetown Area Form Districts: Collegetown Residential (CR-1, CR-2, CR-3, and CR-4) and Mixed Use (MU-1, MU-2) zoning districts and the rezoning of the following parcels: • From R-lb to CR-1 of the following parcels: 64.-6-1; 64.-6-2.2; 64.-6-3; 64.-7-2; 64.-7-3; 64.-7-4; 64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2; 65.-2-3; 65.-2-4; 65.-2-5; 67.-2-8; 67.-2-9; 67.-2-10; 67.-2-11; 67.-3-18; 67.-3-19; 67.-3-20; 67.-3-21; 67.-3-22; 83.-6-2; 84.-1-1; and a portion of 67.-2-5. • From R-3a to CR-1 of the following parcel: 64.-7-1. • From R-2a to CR-2 of the following parcels: 64.-3-1; 64.-3-2; 64.-3-3; 64.-3-4; 64.-3-5; 64.-3-6; 64.-3-7; 64.-3-8; 64.4-1; 64.4-2; 64.4-3; 64.4-4; 64.4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64.-5-4; 64.- 8-7; 64.-8-8; and 65.-1-1. • From R-2b to CR-2 of the following parcels: 68.-6-12; 68.-6-13; 68.-6-14; 68.-6-15; 68.-7-2; 68.- 7-3; 68.-7-4; 68.-7-5; 68.-7-6; 68.-7-7; 68.-7-8; 68.-8-6; 68.-8-9; 83.-3-2; 83.-3-3; 83.-3-4; 83.-3-5; 83.-3-6.1; 83.-3-6.2; 83.-3-7; 83.-3-8; 83.-3-9; 83.4-1; 83.4-3; 83.4-4; 83.4-5; 83.4-6; 83.-6-1; and 83.-6-3. • From R-3a to CR-2 of the following parcels: 64.-1-1; 64.-1-2; 64.-1-4; 64.-8-9; 64.-8-10; 65.-1-2; 65.-1-3; 65.-1-4; and 65.4-5. • From R-2a to CR-3 of the following parcels: 64.-2-9; 64.-2-11; 64.-2-13; and 64.-8-6. • From R-2b to CR-3 of the following parcels: 67.-2-3; 67.-2-4; 67.-3-23; 67.-3-24; 67.-3-25; 67.-3- 26; and a portion of 67.-2-5. • From R-3a to CR-3 of the following parcels: 64.-2-7; 64.-2-8; 64.-2-33; 64.-8-1; 64.-8-2; 64.-8-3; 64.-8-4; 64.-8-5; 64.-8-11; 64.-9-3; 64.-9-4; 64.-9-5; 67.-3-2; 67.-3-3; 68.-5-14; 68.-5-15; 68.-5- 16; 68.-5-17; 68.-5-18; 68.-5-19; 68.-6-1; 68.-6-16; 68.-6-17; 68.-6-18; and 68.-6-19. • From R-3b to CR-3 of the following parcels: 64.-9-7; 64.-9-8; and 64.-9-9. • From R-lb to CR-4 of the following parcels: 67.-2-1; 67.-2-2; 67.-2-12; 67.-2-13; 67.-2-14; 67.-2- 15; 67.-2-16; 67.-2-17; and 67.-2-18. • From R-3a to CR-4 of the following parcels: 64.-2-2; 64.-2-4; 64.-2-5; 64.-2-6; 64.-2-14; 64.-2- 15; 64.-2-17; 64.-2-18; 64.-2-19; 64.-2-20; and 64.-2-22. 20 Item # 6a • From R-3b to CR-4 of the following parcels: 64.-9-1; 64.-9-2; 64.-9-6; 64.-9-10; 64.40-7; 64.-10- 8; 64.40-9; 64.40-10; 64.40-11; 67.-1-4; 67.-1-5; 67.-1-7; 67.-1-8; 67.-3-1; 67.-3-29; 67.-3-30; 67.-3-31; 68.4-3; 68.4-9; 68.4-10; 68.4-11; 68.4-12; 68.4-13; 68.4-14; 68.4-15; 68.-5-2; 68.- 5-3; 68.-5-4; 68.-5-5; 68.-5-6; 68.-5-7; 68.-5-8; 68.-5-9; 68.-6-2; 68.-6-3; 68.-6-4; 68.-6-5; 68.-6-6; 68.-6-7; 68.-6-8; 68.-6-9; 68.-6-10; 68.-6-11; 83.-4-2; and portions of 64.40-13; 64.40-15; 67.-1- 1; 67.-1-3; 67.-1-6; and 67.-1-12. • From R-3b to MU-1 of the following parcels: 67.-1-9; 67.-1-10; 67. ; 68.-5-10; 68.-5-11; 68.- 5-12; 68.-5-13; and portions of 67.4-3; 67.-1-6; and 67.-1-12. • From R-3a to MU-2 of the following parcels: 64.-2-23; 64.-2-24; • From R-3b to MU-2 of the following parcels: 64.40-6; and a portion of 63.-6-17. • From U-1 to MU-2 of the following parcel: a portion of 64.-2-1. • From B-2b to MU-2 of the following parcels: 63.-5-2; 63.-5-3; 63.-5-5; 63.-5-7; 63.-5-8; 63.-5-9; 63.-6-1; 63.-6-2; 63.-6-3; 63.-6-4; 63.-6-5; 63.-6-8; 63.-6-14; 63.-6-19; 63.-6-20; 63.-6-21; 63.-6- 23; 63.-6-24; 63.-6-25; 63.-6-26; 64.-2-26; 64.-2-27; 64.-2-28; 64.-2-29; 64.-2-30; 64.-2-31; 64.-2- 32; 64.40-1; 64.40-2; 64.40-3; 64.-10-4; 64.40-5; 64.40-17.2; 64.40-18; 64.40-19; 64.40-20; 64.-10-21; 68.-4-6; 68.4-7; 68.4-8; and portions of 63.-6-17; -2-1; 64.40-13; 64.-10-15; and 67.-1-1. ENVIRONMENTAL IMPACTS Impact on Land-No Impact There are no immediate impacts on land that are anticipated as a result of this re-zoning. The proposed zoning will allow for taller buildings and buildings that cover a larger portion of the lot to be constructed in some locations; however, there will be no immediate change in the built environment as a result of this action. Any new construction will undergo a separate environmental review that will be no less protective of the environment and will assess any impacts on land. Impact on Water-No Impact There are no impacts on water anticipated as a result of this action. Impact on Air-No Impact There are no impacts on air anticipated as a result of this action. Impact on Plants and Animals-No Impact There are no impacts on plants or animals anticipated as a result of this action. Impact on Aesthetic Resources -Small to Moderate Impact The proposed zoning would allow for taller structures and structures of greater lot coverage to be constructed in certain areas of Collegetown. The largest change in maximum building height will be from 40' (existing) to 70' (proposed) or 4 stories (existing) to 5 stories (proposed) in the proposed MU-1 district. This district would also have the greatest change in lot coverage (from 40% to 75%). A maximum fagade length of 75' is proposed in this district to break up buildings and allow light and views between structures. The tallest permitted structures will be in the MU-2 district, where a maximum building height of 6 stories and 80' is proposed (currently 6 stories and 65'). While a potential increase of 15' in overall building height is possible, the district will remain at a maximum of 6 stories. No maximum fagade length is proposed, but the current built environment in this district does not include any breaks between structures. Additional form Page 21 c:\documents and settings\cpyott\desktop\2013 planning and economic development committee\04 april\packet\21 -2013 collegetown area form districts feaf form.doc Item # 6a requirements help address viewshed concerns in the dense MU-2 district. An additional 5'-7' setback along Dryden Road will open the view through this corridor while achieving the primary objective of providing additional space for wider sidewalks. Either (1) a 10' chamfer or (2) a 5' setback on corner lots within the MU-2 district will provide additional light and air at busy intersections. New construction is not expected to eliminate any scenic views that are significant to the community. However, any new construction will have to undergo a full environmental review that will be no less protective of the environment and will assess any impacts on views. See also "Impact on Growth and Character of Community or Neighborhood" Impact on Historic and Archaeological Resources—Small to Moderate Impact The project includes the re-zoning of two designated local landmarks, the Grandview House (209 College Avenue) and the John Snaith House (140 College Avenue). The proposed zoning will not be incompatible with these landmarks. Regardless of the underlying zoning, all new construction and exterior alterations on the same tax parcel as an individually designated local landmark are subject to review and approval by the Ithaca Landmarks Preservation Commission for compliance with Sections 228-5 (B) and (C) of the Municipal Code. The project area is also contiguous to the East Hill Historic District, but there is no anticipated impact on the historic district. Further studies of additional historic resources within the Collegetown Area Form Districts are anticipated. Impact on Open Space and Recreation—No Impact There are no impacts on open space and recreation anticipated as a result of this action. Impact on Unique Natural Areas and Critical Environmental Areas—No Impact The project area is contiguous to UNA-136, Cascadilla Gorge, but there are no impacts on the Cascadilla Gorge or any other unique natural area or critical environmental area anticipated as a result of this action. Impact on Transportation —Small to Moderate Impact The proposed zoning regulations include the elimination of minimum off-street parking requirements for existing structures and new construction within the MU-1 and MU-2 districts. It is estimated that eliminating minimum off-street parking requirements could immediately allow an additional 88 occupants to inhabit existing structures within the proposed MU-1 and MU-2 districts (currently zoned R-3b and B-2b). Additionally, any new construction in these districts would not be required to provide off-street parking; however, a property owner may continue to provide it if he/she chooses to do so. While off-street parking would not be required in the MU districts under the proposed zoning, it is anticipated that alternate transportation modes will accommodate most travel needs. These districts are located in the central area of Collegetown that is well-served by multiple TCAT routes and is convenient for pedestrian, bicycle, and carshare travel. The City's Dryden Road Parking Garage is also available for residents who choose to bring a car and do not rent a parking space from a private property owner. Alternatively, remote parking options are available at Cornell University's A and B lots (which provide a TCAT pass) and the City's downtown parking garages (which offers a reduced fee). The proposed zoning would result in approximately 440,000 square feet of additional development potential. The majority of this development potential would be concentrated in the MU-1 and MU-2 districts. As noted 22 Item # 6a above, these areas are well served by alternate modes of transportation and a public parking garage. It is not anticipated that the additional development potential allowed under the proposed zoning will have significant transportation impact. However, any new construction will have to undergo a full environmental review that will be no less protective of the environment and will consider any impact on transportation. Impact on Energy—No Impact There are no impacts on energy anticipated as a result of this action. Impact on Noise and Odors—No Impact There are no impacts on noise and odors anticipated as a result of this action. Impact on Public Health—No Impact There are no impacts on public health anticipated as a result of this action. Impact on Growth and Character of Community or Neighborhood—Small to Moderate Impact Beginning in the mid-1980s, a rapid increase in the Collegetown population created a significant change in the area's visual character. This change has had some positive impacts on the character of Collegetown, by creating an energetic, urban environment at the core, which is especially appealing to the student population. However, the focus on housing for undergraduate students had its downside, complicating parking and multi- modal circulation, increasing friction between the lifestyles of student renters and families in adjacent residential neighborhoods, and an overall concern about the degradation of neighborhood character. Construction slowed in 2000 with a change in parking regulations intended to increase the off-street parking requirement for rental housing. In addition to slowing down development, the new regulation has resulted in an urban form designed to accommodate the automobile, despite the fact that Collegetown has the highest volume of pedestrian traffic in Tompkins County. By the mid-2000s, individuals and groups, both inside and outside of City Hall concluded that there was a need to take a new look at Collegetown and its future growth and improvement. The Collegetown Vision Statement was endorsed by the Common Council in 2007 and was followed by a neighborhood plan for the area, the "2009 Collegetown Urban Plan & Conceptual Design Guidelines." The Collegetown Area Form Districts is a critical implementation measure of the 2009 Collegetown plan; the proposed zoning regulations are designed to accommodate the needs of all those who live, work, and visit the Collegetown area while improving the urban environment. If adopted, the Collegetown Area Form Districts will be the City's first form-based code. The adoption of the code will have the positive impact of improving the urban character of the Collegetown area. Additionally, the Common Council endorsed conceptual design guidelines as part of the 2009 Collegetown plan, and the City is moving forward with the preparation of design standards for the areas included in the Collegetown Area Form Districts. The design standards will build upon the form-based code by providing clear, defined specifications for design issues not covered in the new code, such as building materials, architectural design details, and treatment of the building site. Together, the Collegetown Area Form Districts and the Collegetown design standards would improve the urban environment, both aesthetically and functionally, while providing property owners and residents with an understanding of how new construction would impact their neighborhood. The proposed zoning would result in approximately 440,000 square feet of additional development potential within the Collegetown Area Form Districts. The majority of this development potential would be concentrated in the MU-1 and MU-2 districts. In doing so, the proposed zoning achieves one of the key goals of the "2009 Collegetown Urban Plan & Conceptual Design Guidelines"to concentrate additional growth and Page 23 cAdocuments and settings\cpyott\desktop\2013 planning and economic development committee\04 april\packet\21 -2013 collegetown area form districts feaf form.doc Item # 6a development in the central part of Collegetown and limit further expansion into the surrounding neighborhoods. The adoption of the proposed zoning could cause the density of land use within the proposed MU-1, MU-2, and, to a lesser degree, CR-4 districts to increase, but this increase would be in keeping with the endorsed land use plan for the Collegetown area. Furthermore, the permitted increase in density in the MU-1, MU-2, and CR-4 districts is intended to alleviate development pressure on the adjacent neighborhoods. Public controversy for this action has not yet been determined. Affected property owners will be notified of the proposed action, and a public hearing will be held before the Common Council considers the proposed re- zoning. IIII o , h �II1� I po ............... 24 CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 ►1v °' DEPARTMENT OF PLANNING AND DEVELOPMENT U° .�Z JOANN CORNISH, DIRECTOR OF PLANNING&DEVELOPMENT PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 �a0R�1E�. Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: Planning&Economic Development Committee FROM: Megan Wilson,Planner Item # 6 b DATE: April 4, 2013 RE: Proposal to Amend §325-313,Definitions and Word Usage, to Add a Definition of "Green Space" The purpose of this memo is to provide additional information on the proposed ordinance to amend §325-313, Definitions and Word Usage, of the City's Zoning Code to add a definition of green space. Green space is essential for a healthy and thriving community. Over time, the loss of green space has had a negative cumulative impact on the city's neighborhoods. While the City has mechanisms to control factors such as off-street parking and lot coverage by buildings that contribute to this loss, there are currently no requirements to provide or preserve green space. The proposed Collegetown Area Form Districts include requirements for a minimum percentage of green space to be provided on each property, and it may be desirable to consider similar requirements in other zoning districts in the future. In order to adopt such requirements, the City must define green space. The proposed ordinance would amend the City's Zoning Code to add the following definition: Green space: a portion of a lot that is set aside for public or private use without any construction or parking areas. The space may be used for passive or active recreation, may be reserved to protect natural areas, or may serve as a buffer between adjacent lots or uses. The area may be naturally occurring or landscaped. Where a minimum green space requirement applies, at least 75% of the required area shall be softscape including trees, shrubs, natural plantings, garden areas, lawns, and other live vegetative coverings. The remaining area may include pedestrian amenities such as sidewalks or patios. Required green space must be permanently maintained in a healthy growing condition at all times. Attached are the draft ordinance and short environmental assessment form for your review. Staff will attend the April 10`h Planning & Economic Development Committee meeting to discuss the proposal and seek permission to circulate it for further comment. If you have any questions or comments,please contact Megan Wilson at mwilsonkcittyofithaca.org. 4/3/13 Item # 6 b An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning" To Amend the Definitions and Word Usage to Add a Definition of "Green Space" WHEREAS, green space is a vital ecological, recreational, and aesthetic component of the urban environment, and WHEREAS, as the city continues to densify, it is essential to maintain adequate green space to ensure the health, wellnes,s, and quality of life of the city' s residents, and WHEREAS, the loss of green space has had a negative cumulative impact on the city' s neighborhoods over time, and the City currently does not have any requirements to provide green space, and WHEREAS, the proposed Collegetown Area Form Districts include requirements for a minimum percentage of green space to be provided on each property, and this minimum green space requirement may be considered in other zoning districts within the city in the future; now, therefore, ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows : Section 1. Chapter 325, Section 325-3B of the Municipal Code of the City of Ithaca is hereby amended to read as follows : GREEN SPACE - A portion of a lot that is set aside for public or private use without any construction or parking areas . The space may be used for passive or active recreation, may be reserved to protect natural areas, or may serve as a buffer between adjacent lots or uses . The area may be naturally occurring or landscaped. Where a minimum green space requirement applies, at least 750 of the required area shall be softscape including trees, shrubs, natural plantings, garden areas, lawns, and other live vegetative coverings . The remaining area may include pedestrian amenities such as sidewalks or patios. Required green space must be permanently maintained in a healthy growing condition at all times . Section 2. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 1 of 1 c? 1 ASEq CITY SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) Project Information: To be completed by applicant or project sponsor. 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Proposal to Amend Chapter 325 "Zoning" Section 325-311, "Definitions and Word Usage," to Add a Definition of"Green Space" 3. Project Location: City of Ithaca 4. Is Proposed Action: 0 New 0 Expansion ® Modification/Alteration 5. Describe project briefly: The proposed action is the amendment of§325-311, Definitions and Word Usage, of the City of Ithaca Zoning Ordinance to add the definition of"green space." 6. Precise Location(road intersections,prominent landmarks, etc., or provide map): city-wide 7. Amount of Land Affected: Initially: 6.1 Acres or Sq. Miles Ultimately: 6.1 Acres or Sq. Miles action comply with existing zoning or other existing land use 8. Will proposed a p y g g g restrictions? ® Yes O No If no, describe briefly: 9. What is present land use in vicinity of project: ® Residential ® Industrial ® Agricultural ® Parkland/Open Space ® Commercial 0 Other Describe: 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency(federal/state/local): ® Yes 0 No If yes, list agency name and permit/approval type: Common Council adoption 11. Does any aspect of the action have a currently valid permit or approval? 0 Yes ® No If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing permit/approval require modification? 0 Yes ® No I certify the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: DATE: 4/3/13 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca j:\projects\collegetown\2012\green space definition\city leaf form 04 03 2013.doc i SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form(SEAF),the preparer is to use currently available information concerning the project and the likely impacts of the action. are of Project: Proposal to Amend Chapter 325 "Zoning" Section 325-313, j "Definitions and Word Usage," to Add a Definition of"Green Space" Yes No 1. Will project result in a large physical change to the project site or physically alter ❑ X more than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any ❑ X site designated a unique natural area or critical environmental area by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? ❑ X 4. Will the project have an impact on groundwater quality? ❑ X 5. Will the project affect drainage flow on adjacent sites? ❑ X 6. Will the project affect any threatened or endangered plant or animal species? ❑ X 7. Will the project result in an adverse effect on air quality? ❑ X 8. Will the project have an effect on visual character of the community or scenic views ❑ X or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic,pre-historic,or ❑ X paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? ❑ X 11. Will the project result in traffic problems or cause a major effect to existing ❑ X transportation systems? 12. Will the project cause objectionable odors,noise, glare,vibration, or electrical ❑ X disturbance as a result of the project's operation during construction or after completion? 13. Will the project have any impact on public health or safety? ❑ X 14. Will the project affect the existing community by directly causing a growth in ❑ X permanent populations of more than 5 percent over a one-year period OR have a negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? ❑ X If any question has been answered YES,a completed Full Environmental Assessment Form(FEAF)is necessary. PREPARER'S SIGNATURE: DATE: 4/3/13 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca j:\projects\collegetown\2012\green space definition\seaf part ii_04_03 2013.doc CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 ►1v °' DEPARTMENT OF PLANNING AND DEVELOPMENT U° JOANN CORNISH, DIRECTOR OF PLANNING&DEVELOPMENT PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning&Development-607-274-6550 Community Development/IURA-607-274-6559 �a0R�1E�. Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: Planning&Economic Development Committee FROM: Megan Wilson,Planner Item # 6 c Mike Niechwiadowicz,Deputy Building Commissioner DATE: April 1, 2013 RE: Proposal to Amend §325-3B,Definitions and Word Usage, to Modify the Definition of Building Height The purpose of this memo is to provide additional information on the proposed ordinance to amend §325-313,Definitions and Word Usage, of the City's Zoning Code to modify the definition of building height. The proposed ordinance would amend the current definition of "height of building" and would change the method used to measure a building's height. Currently, building height is measured from the average finished grade adjacent to the building to either a) the highest point of a flat or mansard roof; or b) the average height of a pitched, gabled, hip, or gambrel roof. This current definition is inconsistent with New York State Building Code. In addition, this method of measuring building height is not conducive to sloping sites with a significant difference in grade across the property. It also allows the site to be altered by mounding soil immediately adjacent to the building in an effort to skew the height measurement. The result, in both cases, can be one or more facades of a building that are significantly taller than desired. To address these concerns, the proposed ordinance would change the point on grade from which building height is measured. Building height would be measured from an established "grade plane." On level sites, the grade plane would still be defined as the average grade adjoining the building. On sloping sites, the grade plane is defined as the lowest point between the building and a point 10 feet from the building (or the building and the property line, if it is less than 10 feet away). Overall building height would then be measured from the grade plan to either a) the highest point of a flat or mansard roof; or b) the average height of a pitched,gabled,hip, or gambrel roof. Attached is a draft of the proposed ordinance for your review. Staff will attend the April 10`" Planning & Economic Development Committee meeting to discuss the proposal and seek permission to circulate it for further comment. If you have any questions or comments prior to the meeting, please feel free to contact Mike Niechwiadowicz at miken&ciiyofithaca.org or Megan Wilson at mwilson&cityofithaca.org. 3/8/13 Item # 6c An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning" To Amend the Definitions and Word Usage WHEREAS, the City' s current definition of "height of building" is inconsistent with New York State Building Code, and WHEREAS, the current definition does not adequately address building height on sloping sites or the mounding of soil adjacent to the structure and can allow one or more facades of a building to be significantly taller than desired, and WHEREAS, amending the City' s definition of "height of building" will provide consistency with New York State Building Code while providing a more effective method for measuring building height on all sites within the city; now, therefore, ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows : Section 1. Chapter 325, Section 325-3B of the Municipal Code of the City of Ithaca is hereby amended to read as follows : GRADE PLANE - A reference plane representing the average of finished ground level on each side of the building at exterior walls. On the sides of the building where grade is level, the measurement will be taken at a point adjoining the building. Where the finished ground level slopes away from the exterior walls, the measurement shall be taken at the lowest point within the area between the building and the lot line or, where the lot line is more than 10 feet from the building, between the building and a point 10 feet from the building. HEIGHT OF BUILDING - The vertical distance measured from he a--i:eic fin-she i &4e grade plane to the highest level of a flat or mansard roof or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads, housing for mechanical equipment, towers and similar constructions not intended for human occupancy or necessary equipment carried above roof level . Where a building contains sections of a roof of varying heights, the height of that building shall be measured using that section of the roof that has the highest elevation from 4�1-ie--av�eLa-Ee finished gr e le grade plane. See the definition for determining grade plane. The—aveV-;- fi nhee' gV de level e' el, t; of t h e finished gL=ade d jeining t h e e 3t}ter walls ef the building. Page 1 of 2 3/8/13 Item # 6c Section 2 . Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 2 of 2 CITY SHORT ENVIRONMENTAL ASSESSMENT FORM(SERF) Project Information: To be completed by applicant or project sponsor. 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Proposal to Amend Chapter 325 "Zoning" Section 325-313, "Definitions and Word Usage," to Modify the Definition of Building Height 3. Project Location: City of Ithaca 4. Is Proposed Action: 0 New 0 Expansion ® Modification/Alteration 5. Describe project briefly: The proposed action is the amendment of§325-3B, Definitions and Word Usage, of the City of Ithaca Zoning Ordinance to amend the definition of"height of building" and to add the definition of"grade plane." 6. Precise Location(road intersections,prominent landmarks, etc., or provide map): city-wide 7. Amount of Land Affected: Initially: 6.1 Acres or Sq. Miles Ultimately: 6.1 Acres or Sq. Miles 8. Will proposed action comply with existing zoning or other existing land use restrictions? ® Yes 0 No If no, describe briefly: 9. What is present land use in vicinity of project: ® Residential ® Industrial ® Agricultural ® Parkland/Open Space ® Commercial 0 Other Describe: 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency(federal/state/local): ® Yes 0 No If yes, list agency name and permit/approval type: Common Council adoption 11. Does any aspect of the action have a currently valid permit or approval? 0 Yes ® No If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing permit/approval require modification? 0 Yes ® No I certify the information provided above is trice to the best of my knowledge. PREPARER'S SIGNATURE: tUalDATE: 4/1/13 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca jAprojects\zoning\height of building\city seaf form_03.doc SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form(SEAF),the preparer is to use currently available information concerning the project and the likely impacts of the action. Eame of Project: Proposal to Amend Chapter 325 "Zoning" Section 325-3B, "Definitions and Word Usage," to Modify the Definition of Building Height Yes No 1. Will project result in a large physical change to the project site or physically alter ❑ X more than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any ❑ X site designated a unique natural area or critical environmental area by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? ❑ X 4. Will the project have an impact on groundwater quality? ❑ X 5. Will the project affect drainage flow on adjacent sites? ❑ X 6. Will the project affect any threatened or endangered plant or animal species? ❑ X 7. Will the project result in an adverse effect on air quality? ❑ X 8. Will the project have an effect on visual character of the community or scenic views ❑ X or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic,pre-historic, or ❑ X paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? ❑ X 11. Will the project result in traffic problems or cause a major effect to existing ❑ X transportation systems? 12. Will the project cause objectionable odors, noise, glare,vibration, or electrical ❑ X disturbance as a result of the project's operation during construction or after completion? 13. Will the project have any impact on public health or safety? ❑ X 14. Will the project affect the existing community by directly causing a growth in ❑ X permanent populations of more than 5 percent over a one-year period OR have a negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? ❑ X If any question has been answered YES, a completed Full Environmental Assessment Form(FEAF) is necessary. PREPARER'S SIGNATURE: ,(J DATE: 4/1/13 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca j:\projects\zoning\height of building\seaf part ii_03_06_2013.doc CITY OF ITHACA U # 108 East Green Street, Ithaca, New York 14850-6590 i COMMON COUNCIL RA'T Telephone: 607/274-6570 Fax: 607/272-7348 Item # 6d To: Planning and Economic Development Committee From: Graham Kerslick,4th Ward Alderperson Date: March 29, 2013 Re: Proposed Amendment to City of Ithaca Code Chapter 258 - Rental Housing What's the problem? We are seeing an increasing number of complaints from students, and other rental tenants, that they are facing unreasonable pressure to sign leases earlier and earlier each year. In many cases renters are signing leases 12 months before the lease actually starts. Tenants are also experiencing pressure from landlords to renew existing leases almost as soon as they move into rental units. Some landlords claim they are simply responding to demands from prospective renters to show properties earlier each year. Others suggest that these demands can be counterproductive, leading to ill formed decisions, which can lead to tenants attempting to get out of leases early. Many groups including the Cornell Collegetown Student Council and the City's Rental Housing Advisory Commission have discussed this issue in recent months. The Commission has suggested that a proposal be developed to provide tenants and landlords with a period of time before leases are renewed or rental apartments are shown for the next renting period. An important factor contributing to this problem is high demand for rental housing. According to data from the 2010 Census 74% of Ithaca's housing units is renter occupied. The vacancy rate for this rental housing market is very low(2.4%for the City, 6.8% average for NYS), and in some neighborhoods the vacancy rate is even lower. While in the long term increased development will alleviate this problem it is unlikely to resolve the problem, especially in high demand areas, such as Collegetown and South Hill. What is being proposed? Landlords will be required to provide a minimum of 60 days written notice before (i) renewing current lease, (ii) showing property to prospective new tenants or(iii)signing a lease with new tenants. This notice can be given at any time during the lease period, beginning at the start date of the lease. This period of notice will not be required if landlord and tenant mutually agree, in writing, that they waive this requirement. This may happen, for example, when tenants know in advance of signing a rental agreement that they are not interested in renewing a lease. What is the intent? The intent of the proposal is to provide tenants and landlords with an opportunity to make better-informed decisions regarding rental agreements. The proposed notification to tenants is intended to provide "breathing space"to both renters and landlords. Renters will have the opportunity to experience their actual living situation before making longer-term lease commitments. Landlords will have the chance to learn more about current tenants and will also be able to advise prospective tenants regarding requests to view apartments and sign leases. While the proposal requires landlords to provide the notification it is also intended to provide a clear message to prospective renters that they should not press landlords to show apartments in an untimely manner. Will this resolve the problem? The proposed notification period will help renters and landlords make better-informed decisions before signing rental agreements. When combined with increased information about rental housing and future development it will reduce the pressure being experienced in the rental housing market. Improving access to information and the exchange of information about the rental housing market will also help alleviate this problem. The Rental Housing Advisory Commission, student organizations, off- campus housing offices and other groups need to play a significant role in this effort. In the longer term increased development of well-designed, well-built rental housing will also help reduce pressures in the rental housing market. Item # 6d Chapter 258. RENTAL HOUSING [HISTORY: Adopted by the Common Council of the City of Ithaca 10-7-1992 by Ord. No. 92-12. (Section III of this ordinance provided that it shall apply only to rental agreements entered into or renewed on or after November 1, 1992.) Amendments noted where applicable.] GENERAL REFERENCES Rental Housing Advisory Commission— See Ch. 100. Fair housing— See Ch. 215,Art. I. § 258-1. Findings of fact; statement of purpose. A. The City of Ithaca has a significant tenant population. B. Equitable landlord-tenant relations are a matter of public welfare. C. Prompt, reasonable return of security deposits is an important factor in tenants being able to obtain subsequent housing. D. The issue of return of security deposits is a source of potential conflict between landlords and tenants which may result in a burdensome effect on the court system. § 258-2. Definitions. As used in this chapter,the following terms shall have the meanings indicated: LANDLORD The person who has the right to exclusive possession of certain premises and who, for consideration under a rental agreement, agrees to relinquish that right to another temporarily, retaining a right of reversion of the premises upon termination of such agreement. NORMAL WEAR AND TEAR The deterioration which occurs, based on the use for which the residential unit is intended, without negligence, carelessness, accident or abuse of the premises or equipment or chattels by the tenants or members of his/her household or their invitee or guests. The term "normal wear-and-tear" does not include sums or labor expended by the landlord in removing from such residential unit articles abandoned by the tenant such as trash. If a rental unit was leased to a tenant in a habitable condition or if it was put in a habitable condition by the landlord during the term of the tenancy, "normal wear-and-tear" does not include sums required to be expended by the landlord to return the rental unit to a habitable condition, unless expenditure of those sums was necessitated by action of the landlord, events beyond the control of the tenant or actions of someone other than the tenant or members of his/her household or their invitee or guests. RENTAL AGREEMENT Item # 6d A written or oral agreement embodying and fixing the terms and conditions for the transfer of possession and the use and occupancy of premises, whether or not for a definite period of time. RESIDENTIAL UNIT Any premises which are used for residential purposes under the terms of a rental agreement. SECURITY DEPOSIT The total of all payments and deposits given by a tenant to the landlord as security for the performance of the tenant's obligations. TENANT A person entitled to exclusive possession and occupancy of a residential unit and the right of use of the appropriate appurtenances as provided in a rental agreement, including any other person 18 years of age or over who shares such unit with the knowledge and consent of the landlord. § 258-3. Renewal of rental agreements; notification to tenants. Landlord shall provide a minimum of 60 days written notice to current tenants of a residential unit before doing any of the following: a) renewing the current rental agreement b) showing the residential unit to prospective new tenants c) entering into a rental agreement with new tenants Such written notice may be provided at any time during the rental agreement period, from the effective start date onwards. This provision of notice shall not apply under any of the following conditions: 1) The current rental agreement period is less than nine months. 2) A summons and complaint to recover possession of the premises has been filed and served on the current tenant in accordance with all applicable laws and rules. 3) Landlord and tenant mutually agree, in writing,to waive the notice period. § 258-4. Penalties. Any landlord or agent who violates any provision of§258-3 shall be liable for a civil penalty of up to $500. Factors to be considered when assessing the fine would include the number of tenants, number of units on the property etc. § 258--35. Ownership of security deposit; trust provisions. Whenever a tenant shall deposit with the landlord a security deposit, such deposit, or any portion thereof, until repaid or rightfully applied for obligations of the tenant to the landlord, shall continue to be the money of the tenant and shall be held in trust by the Item # 6d landlord with whom such deposit shall be made and shall not be mingled with the personal moneys or become an asset of the landlord. § 258-46. Notification to tenant. Whenever a tenant shall provide to the landlord a security deposit,the landlord shall provide to the tenant a written receipt for the security deposit and shall further inform the tenant, in writing, of the location where the deposit is held; if the deposit is being held in a banking organization, the name and address of the banking organization in which the security deposit is being held; and a statement as to whether or not the deposit is being held in an interest-bearing account. § 258-157. Obligation of tenant to clean premises. The tenant shall have the obligation of placing the residential unit in an overall clean condition as it was when the tenancy commenced, excepting normal wear and tear. § 258-68. Return of security deposit by landlord to tenant. A. Within 30 days after the termination of tenancy or the surrender of the premises, whichever occurs later,the landlord shall return to the tenant the full security deposit deposited with the landlord by the tenant or, if there is actual cause for retaining the security deposit or any portion of it,the landlord shall provide to the tenant a written statement specifying the reasons for such retention, including a good-faith estimate of the cost for each item of damage. The written statement specifying the reasons for the retention of any portion of the security deposit shall be accompanied by a full payment of the difference between the security deposit and the amount retained. Nothing contained in this section shall preclude the landlord from retaining all or a portion of the security deposit to cover the costs of storing and/or disposing of unclaimed property, for nonpayment of rent and for nonpayment of utility charges which the tenant was required to pay directly to the landlord. B. If there is a provision in a rental agreement that a tenant is responsible to reimburse or apply from a security deposit any amounts due from tickets written pursuant to Chapter 178 of this Code for the property or residential unit being rented, it shall be the landlord's responsibility to give the tenant notice of that ticket in a timely fashion as a condition to enforce that provision, and in order to help the tenant correct and prevent the condition for which the ticket was issued. Timely notice shall be no later than three weeks from the date the ticket is sent from the court to the landlord. Failure to provide such notice shall serve as the landlord's waiver of reimbursement or application of security deposit for any ticket for which notice was not given. [Added 10-3-2012 by Ord. No. 2012-10 Editor's Note: This ordinance also redesignated former Subsection B as Subsection C.] C. Nothing in this section shall be construed to imply other than it is the landlord's responsibility to return the tenant's security deposit or balance as soon as reasonably possible. Item # 6d § 258-179.Wrongful retention of security deposit. In the event that the landlord willfully and without good cause fails to return all or a portion of the security deposit, a court may award to the tenant up to triple the amount of that portion of the security deposit wrongfully withheld from the tenant,together with reasonable attorney's fees and court costs. In determining whether to award such treble damages and/or attorney's fees,the court may consider the past practices of the landlord regarding return of other security deposits. Treble damages and/or attorney's fees shall not be awarded pursuant to this section where a landlord has made a good-faith effort to estimate the amounts which properly should be withheld from the security deposit and has returned to the tenant the balance of the security deposit in a timely manner. Should the landlord, within the aforesaid thirty-day period, fail to return the entire security deposit or fail to provide the aforesaid written statement specifying the reasons for the retention of all or a portion of the security deposit, accompanied by full payment of the difference between the security deposit and the amount retained, it shall be presumed that the landlord is willfully and without good cause retaining the security deposit. § 258-910. Burden of proof. In any court action brought by a tenant for the return of the security deposit,the landlord shall bear the burden of proving that the withholding of the security deposit or any portion of it was justified. § 258-1911.Waiver of provisions void. Any attempted waiver of the terms of this chapter by a landlord or tenant, by contract or otherwise, shall be deemed to be against public policy and shall be considered void and unenforceable CITY OF ITHACA 1T$q 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 DEPARTMENT OF PLANNING & DEVELOPMENT JOANN CORNISH,DIRECTOR OF PLANNING&DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT e��pdRAE' � Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 . Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 Information for the Elimination of Minimum Parking Requirements Discussion Memorandum Item # 7a To: Planning Committee Members From: Phyllis Radke, Director of Zoning Administration Date: March 28, 2013 — Revi5ed Aprii 5, 2013 Re: Potential for Increased Occupancy in R3 Zones with the Elimination of Minimum Parking Requirements In recent months, there has been considerable discussion among elected officials, residents, and city staff about how best to deal with the proposal to eliminate minimum parking requirements in the City. Of greatest concern should this move forward, is that occupancy in multiple dwellings (a building with three or more dwelling units, fraternities and sororities) could increase significantly. In January of 2013, I compiled a list of properties in the Collegetown Parking Overlay Zone (CPOZ) that are deficient with respect to parking. This list showed that 338 buildings could increase occupancy if minimum parking requirements are eliminated. The CPOZ has buildings that are in the B-2b, B2-d, R-3, R-2, and R-1 zones. When a property no longer meets district regulations because of changes to zoning, the City of Ithaca Zoning Ordinance Section 325-30 states that the affected property ". . . may be continued as a legal nonconforming use. . . ". However, a non-conforming property that is specifically deficient in parking and/or lot area cannot increase in size or occupancy without a variance from the Board of Zoning Appeals (BZA). Furthermore, the deficient parking effectively limits the total occupancy that could be allowed in the building The number of occupants in a building is a function of how much habitable space is in each dwelling unit, as determined by Ithaca's Housing Ordinance. A multiple dwelling can have as many occupants as permitted by the amount of habitable space in each dwelling unit and by the number of parking spaces required by zoning. Therefore, if parking minimums are eliminated, buildings with additional habitable space will be able to increase occupancy limited only by specifications in the Housing Ordinance. The concern over increased occupancy is directly related to inadequate life safety measures in older buildings. Currently, the building code does not require any increase in life safety systems with increased occupancy. Many buildings have been converted from single-family homes to multiple dwellings prior to 1984 and are regulated by the Multiple Residence Law (MRL). This was in effect from 1952 to 1984 in the City of Ithaca. All buildings are regulated by the building code in effect when the building was erected, substantially changed, or converted; our State Building Code is not retroactive. Though the MRL was a groundbreaking law when it was written, the MRL has few life safety requirements. As previously stated, an increase in the occupancy of a building regulated by the MRL does not require an upgrade to life safety requirements in the building. Unlike the R-1 and R-2 zones, multiple dwellings are a permitted use in R-3 zones. I recently looked at the number of buildings in all R3 zones that could increase the number of occupants if minimum parking requirements are eliminated. The finding was there can be approximately 2,077 additional occupants allowed in existing buildings if minimum parking requirements are removed. The number 2,077 represents the number of people that may be added to these residential buildings because they have sufficient habitable space to add more occupants. There are five areas in the City that include R-3 zoning districts. The specific locations and total number of additional occupants are listed below. (Also, see the attached zoning map that shows the five areas by color). • R3 Zone in the CPOZ - approximately 624 additional people. (Shown as violet-lines on the attached zoning map.) • "Greater Collegetown" - approximately 467 additional people. (Shown as orange-lines on the attached zoning map.) • "The Flats" — approximately 732 additional people. (Shown as blue-lines on the attached zoning map.) • "Upper South Hill" — approximately 24 additional people. (Shown as green-lines on the attached zoning map.) • "West End" - approximately 230 additional people. (Shown as red-lines on the attached zoning map.) The US Census reports that 64% of the housing stock in Ithaca was built prior to 1950 when parking requirements were first established under the Ithaca Zoning Ordinance. However, prior to 2003, building codes did not require sprinklers in most residential buildings and according to the US Census data, 98% of residential buildings in Ithaca were built prior to 2000. If minimum parking requirements are eliminated, all of these existing buildings will be able to add occupants without enhancing life safety systems. One solution worthy of consideration is to allow an owner of an existing multiple dwelling, deficient in parking, to increase occupancy (to the maximum allowed under the Housing Ordinance), if they add a sprinkler system. According to the Attorney's Office, to require a sprinkler system in these buildings, the City would need to adopt a sprinkler ordinance, which would require permission from New York State's Code Council. New York State has a uniform code. Therefore, if any municipality wants to add more stringent requirements to the State Building Code it must first obtain permission from New York State. Additionally, the elimination of parking minimums could be applied only to new buildings and major additions/upgrades to existing buildings, requiring existing buildings to comply with existing parking requirements regardless of whether a sprinkler ordinance is adopted in the City of Ithaca. Without the option of adding a sprinkler system, a property owner could still increase occupancy if they are granted a variance from the Board of Zoning Appeals. It is my recommendation that minimum parking requirements citywide (and at a minimum in all R3 zones) be limited to new buildings and major additions to existing buildings. Existing buildings must comply with current parking requirements. 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Ext .a..L..e:�:.:EE:'::.E:i:' :e Ea iEii::.r. .•.:��.:..•e .. .... E..E.E.E.E.E.E............................ a .: e. e. I, �l Item # 8 a City of Ithaca Planning & Economic Development Committee Wednesday, March 14, 2012 — 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Jennifer Dotson, Chair; Seph Murtagh, Graham Kerslick, Ellen McCollister, and Eddie Rooker Committee Members Absent: Mayor Svante Myrick Other Elected Officials Attending: None Staff Attending: JoAnn Cornish, Director, Department of Planning and Development; Dennise Belmaker, Energy Sustainability Manager, Department of Planning and Development; Tom West, City of Ithaca Engineering Office; Nels Bohn, Director, Ithaca Urban Renewal Agency; Debbie Grunder, Executive Assistant, Department of Planning and Development Others Attending: Alderpersons Cynthia Brock and J.R. Clairborne Chair Jennifer Dotson called the meeting to order at 6:10 p.m. A. Agenda Review The order of the agenda was changed to be: CHI Resolution of Support Surplus Property Parking Ordinance MH-1 Zone Energy Action Plan B. Special Order of Business There was no special order of business. C. Public Comment and Response from Committee Members Item # 8 a John Schroeder, 618 Stewart Avenue, spoke on the parking ordinance. He serves on the ordinance committee and explained the suggested changes and the difficulty that the Planning Development Board has in making decisions brought to the board without the changes to this ordinance, Dan Hoffman, 415 Elm Street, also worked on the parking ordinance and agrees with Schroeder's comments. Inconsistencies need to be addressed throughout in order for the ordinance to stand. He further talked about the surplus property. He is concerned that there isn't really any procedure in place. In light of the City working diligently on a new comprehensive plan, this topic should be considered and stated in this plan. D. Announcements, Updates and Reports a. TIGER IV Application No further information was discussed since the special common council meeting was held prior to this meeting and it passed unanimously. b. Commons Update — recent public meetings JoAnn Cornish updated the group on the public meetings that were recently held. Three meetings were held in all. All were very well attended except for the Saturday meeting. It was decided due to the nice weather and it being a weekend event caused the low attendance. c. Intermunicipal Planning Update No update on this as this topic was fully explained in the special common council meeting held prior to this meeting. E. Action Items 1. Support for Downtown Combined Heat and Power/District Heating Feasibility Study Energize Ithaca, a company consisting of four members, presented the study to the group. The City has been approached for support, not financial, but just support of the project. JoAnn Cornish further stated that this is a utility. Owners will be purchasing this utility as an alternative to other types of power. She further stated that it comes at an opportune time since the Commons redevelopment is underway. Alderperson Brock asked where the excess heat goes if we have a mild winter or a long, hot summer. A member of Energize Ithaca stated that these are questions that still need to be studied. Alderperson Brock further stated that gas was much cheaper in price when Cornell set their plan up. Given the economic concerns at this time, is it the best time to do this? The passing of this resolution does not support the providing any money. JoAnn Cornish asked what amount of staff time would be expected for this study. The majority of the work will be providing current utility bills. Alderperson McCollister asked whether the Ithaca Downtown Alliance (IDA) is on board with this. IDA is on board with this. Energize Ithaca stated that they are and in fact 750,000 square feet has been made available from the downtown businesses. Energize Ithaca was only asking for 500,000. The projected time line is six months. They were hoping that the redevelopment of the Commons and this energy feasibility study would run concurrently. Item # 8 a Resolution Supporting Feasibility Study of a Downtown Combined Heat and Power/District Energy Utility Solution Moved by Alderperson Murtagh; seconded by Alderperson McCollister. Passed unanimously 5-0. Whereas, the City of Ithaca supports the study for facilitation and implementation of a downtown Combined Heat and Power(CHP)/District Energy Utility solution to provide electricity and heat to downtown building owners, their tenants, and to municipal buildings and to provide hydronically-heated sidewalks to the Commons and select portions of downtown Ithaca, New York; Whereas, the City of Ithaca believes that a downtown Combined Heat and Power (CHP)/District Energy Utility solution would qualify the Ithaca Downtown Commons Redesign project for additional federal funding to implement the Downtown Commons Redesign project as proposed by Sasaki; Whereas, the City of Ithaca is committed to implementing renewable and sustainable energy solutions and reducing the City of Ithaca's carbon footprint; Whereas, the City of Ithaca, having committed itself to meet or exceed the Kyoto Protocol targets for reducing global warming pollution by taking action locally and having committed itself to reducing greenhouse gas emissions for government operations to levels 20% below 2001 levels by the year 2016; Whereas, Energize Ithaca, LLC proposes to conduct a feasibility study funded by a combination of federal and private money to determine the feasibility of a downtown Combined Heat and Power(CHP)/District Energy Utility solution, and has requested the cooperation and non-financial support of the City of Ithaca; now therefore, be it RESOLVED, that the City of Ithaca strongly supports completion of a study to determine feasibility of a Combined Heat and Power(CHP)/District Energy Utility solution for downtown Ithaca. 2. Energy Action Plan (formerly named `Local Action Plan') — Recommendations and Resolution JoAnn Cornish stated that this plan would also be given to the consultants to add to the comprehensive plan. This item will come back to this committee next month since the report was just distributed to council, department heads, and senior staff. Time needs to be given for a thorough review and comment period. Mayor Myrick will be requesting that all council members, department heads, and senior staff review this report and provide comments in order to go forward and initiate the recommendations. Dennise Belmaker suggests that comments come directly to her. 3. Parking Ordinance Resolution —Approval to Circulate Alderperson McCollister asked about parking in grandfathered areas. Does this ordinance get to the issue of paving over back yards? Chair Dotson stated this does set a cap of what and how many parking spaces will be allowed. Per JoAnn Cornish, grandfathered areas cannot add to their current parking spaces. Members of the committee consisted of John Schroeder, Dan Hoffman, Phyllis Radke (building), Jennifer Dotson, JoAnn Cornish, and Jennifer Kusznir. Item # 8 a A motion was moved by Alderperson McCollister; seconded by Alderperson Kerslick. Motion Passed Unanimously 5-0. ORDINANCE NO. BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby amended as follows: Section 1. Chapter 325, Section 325-2, entitled "Statutory authority and purpose, " is hereby amended to read as follows: 325-2. Statutory Authority and Purpose. This chapter is enacted pursuant to the authority and provisions of the General City Law to promote public health, safety and welfare and the most desirable use of land and to conserve the value of buildings and enhance the value and appearance of land throughout the City . Each article and section in this chapter is intended to operate and be interpreted in the context of the chapter as a whole, and in relation to other applicable articles and sections (including the definitions'_ in §325-3, the District Regulations Chart, and the special, overriding limitations that are placed upon non-conforming uses and -structures by Article III ) , rather than separately or independently. n� Section 2. Chapter 325, Section 325-3, entitled "Definitions and Word Usage, " is hereby amended to change the definition of "Structure, " to read as follows: 325-3. Definitions and Word Usage. STRUCTURE - Anything that is constructed or erected on the ground or upon another structure or building. 3~ems eenet-r-aTt-ed lam'=nff sisae-es, areas, a f i e-1 bid , ,i;. Section 3. Chapter 325, Section 325-8, entitled "District Regulations Chart" is hereby amended by adding the following: (10) For special conditions on development of property in R-3 that directly abuts R-1, See section 325-9B (2) (11) See Section 325-8A(15) for applicability of minimum height regulations. (12)Notwithstanding any provisions contained in this Chart, any non- conforming use or structure is subject to the special, overriding limitations placed upon it by Article IV34 of this ordinance. Item # 8 a Section 4. Chapter 325, Section 325-9,entitled "Standards for Special Conditions and Special Permits," is hereby amended to add the following sub- subsection: (r) Neighborhood Parking in any district, where such parking is permitted. Section 5. Chapter 325, Section 325-20, entitled "Off Street Parking," is hereby amended as follows: ( 1 ) Subsection B is hereby amended to read as follows : B. Applicability. Except as specified in § 325-8, the District Regulations Chart, which is available in the City Clerk' s office, and as provided for in subsection C, below, § 325- 20 shall, after the effective date, govern the creation, alteration or expansion of all off-street parking areas . Section 325-20 shall also govern the maintenance of all off- street parking areas . 11e (2) A new subsection "C" is hereby inserted after the existing subsection "B, " reading as follows, and all subsequent subsections of §325-20 are hereby re-lettered accordingly: ;,gygy C. Non-conforming uses Notwithstanding anything to the contrary contained in this section or in the District Regulations Chart, the amount of off-street parking permitted on a property containing a non- conforming use shall not exceed the amount of parking determined to have existed on said property at the time it became a non-conforming use, and shall not be extended onto or relocated to a different part of the lot or parcel in question, unless a use variance is granted for such additional parking. (3) Subsection "D" (previously "C") is hereby amended as follows : D. General requirements . (1) Required submissions and approvals (a) Site plans and building permit . In all zoning districts, no parking area or driveway may be constructed, added to, altered, or resurfaced (except for routine repairs in kind or other minor alterations of an existing parking area, other than resurfacing, that do not change the parking area or driveway' s size, capacity, configuration, or drainage Item # 8 a characteristics) until a building permit therefore has been issued by the Building Commissioner. All such building permits shall be in accordance with this chapter' s requirements . Prior to obtaining a building permit, the applicant must submit two dimensioned plans, drawn to scale, one indicating the existing conditions, and one that indicates the proposed conditions, including the locations of all of the green areas, parking areas, associated maneuvering areas and driveways, any required screening, direction of ground slope, and drainage provisions, and includes a calculation in square feet of the area of paving and the area of the yard in which paving already exists or is proposed to be constructed. (b) Certificate of appropriateness . Any proposed parking development in areas under the jurisdiction of the Ithaca Landmarks Preservation Commission must obtain a certificate of appropriateness from the Commission before a building permit can be issued. 'VN (c) Site plan review. The creation or expansion of eerz-ain _mmmmmmmm 1-ai=EjtyLoff-street parking areas is also subject to site ....------ plan review, unless such development falls below the applicability thresholds set forth in Chapter 276 of this Code. (See Chapter 276 for the applicability of site plan review which, if required, must be completed before a building permit can be issued. ) (d) Neighborhood parking area. Notwithstanding anything to the contrary contained in this chapter, and in addition to any other generally applicable requirements, the creation or expansion of a neighborhood Offrking area (as defined in 325-3, under "PARKING AREA") in an R-3 or R-U district shall require a special permit. (-de) Street permits . No curb cut, driveway entrance and/or drainpipe in the street right-of-way shall be built or installed unless a street permit has first been obtained from the City Engineer. (ef) City tree removal . There shall be no removal of any tree located on City property unless approval has first been granted by the City Forester. (2) General standards for all off-street parking areas, driveways and curb cuts . (a) Parking. All off-street parking must occur in approved parking spaces, parking areas or parking lots meeting the Item # 8 a general standards for all off-street parking areas in § 325-20C (2) . Parking is specifically not permitted on lawns, sidewalks, or other spaces not developed as a parking space . (b) Clear boundaries . All parking areas, including associated driveways and vehicle maneuvering areas, shall have clearly defined boundaries . A "clearly defined boundary" shall mean, at a minimum, the existence of a distinct edge to the material used to pave the parking area, such that the yard area where parking is permitted is clearly distinguished from the yard area where parking is not permitted. Where approved parking areas are contiguous with sidewalks or other paved areas, there shall be a minimum four-inch-high curb or other equivalent continuous permanent barrier separating the parking area from other paving, except as required to allow for accessibility. (c) Physical character of parking spaces . Each parking space shall be even-surfaced and internally unobstructed by structures, walls, landscape elements or other obstructing features, except that low curbs or wheel stops may be located within or adjoining a space if they do not impede vehicular access to or egress from the parking space. The surface of the parking area and that portion of the access driveway which is not included in Subsection C (2) (e) [1] below shall conform to standards and specifications available at the office of the City Engineer and shall at a minimum be a maintainable surface which will support the sustained loads . Acceptable surface materials include crushed stone, brick, concrete, asphalt, permeable 6vement, or similar materials . '0001 (d) Drainage . All newly constructed or enlarged parking areas, including associated driveways and vehicle maneuvering areas, shall have adequate provisions to prevent surface or runoff water from draining to or across adjoining properties, sidewalks or streets during, at a minimum, a two-year storm event, and shall comply with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control . In the event of inconsistency, the provisions of Chapter 282 shall prevail . Stormwater runoff shall not be designed to flow across any public sidewalk as a primary method of delivering the runoff to a stormwater facility. All drainage systems in existing parking areas shall be maintained in good working order. For more detailed requirements for parking areas with the capacity for three or more parking spaces on lots within residential zoning districts see also Section F and for parking Item # 8 a areas on lots in nonresidential zoning districts see also Section G ) . (e) Access requirements . All parking spaces shall have access to the street by way of a driveway. [1] The portion of access driveways extending from the street to the sidewalk, or to the property line if no sidewalk exists, must be hard-surfaced with concrete, brick, asphalt or other approved material, as required by the City Engineer. [2] Driveways must be at least eight feet in residential zoning districts and at least_ 10 feet wide in nonresidential zoning districts, and must have clear visibility to the street . Any required screening must be so designed that it shall not interfere with sight lines necessary for pedestrian and driver safety. [a] Maximum driveway grades . Driveways to areas containing parking spaces for three€eir or more vehicles shall be graded to form a street entry with a maximum grade of 80 for a distance of 25 feet from the curbline. [b] Adjacent driveways and combined curb cuts . Driveways on adjacent lots may be side by side or may be combined. [3] Driveway aisles . 3�:rasident-ial zzenin di_s}V_et—&Where permitted, one-way driveway aisles shall have a minimum width of 10 feet— in nenLcesi4ential Eeninff elisti4ets, ene— way elr ' les shall have a ;FftiniRiefft and a maximum width of 12 feet, and.— 3n all: —zed-dist �'� --t-Two-way driveway aisles shall have a minimum width of 20 feet and a maximum width of 24 feet . (f) Required maintenance. So long as they remain in use as such, all parking areas and associated driveways and vehicle maneuvering areas as well as any required screening, plantings and drainage systems must be maintained to preserve their intended function and to prevent nuisances or hazards to people, surrounding properties and public ways . Any planting required by the provisions of this section (such as planting for the purpose of screening or shading) that dies or, in the opinion of the City Forester, becomes too unhealthy to serve its intended function shall be replaced at the Item # 8 a earliest occurring suitable planting season by healthy planting that satisfies the provisions of this section. (g) No refuse or litter. All parking areas, including associated driveways, vehicle maneuvering areas and interior or peripheral planting areas, must be kept free of refuse or litter. (3) Number of off-street parking spaces required (and in Rl and R2 districts the number of off street parking spaces permitted) and per-ffi ! and R2 elistT�� ...........(a) Notwithstanding anything contained herein to the contrary, there are no requirements as to the minimum number of off- street parking spaces in the following zoning districts : WEDZ-1a, CBD-60, CBD-85, CBD-100, CBD-120, B-lb, and B-2c. (b) Parking spaces required for specific uses . Off-street parking spaces shall be provided and maintained in accordance with § 325-20C (2) by the property owner for each use or building which is newly established, erected or enlarged after the effective date of this section (March 6, 1996) , as specified in the fe.-I -le-ifiej chart below=. (c) Maximum number of parking space �in R-1 or R-2 districts. For each building or use (including p&, ing) on a property within an R-1 or R-2 zoning district, Alp h building or use­t4+� is newly established, 410 erected or enlarged after the effective date of this section ( March 6, 1996) , the maximum number of off-street parking spaces permitted shall be two. For buildings that were not newly established, erected or enlarged after March 6, 1996, parking requirements will be determined by review of the property history by the building department. Use' Spaces Require& 1 for client use, plus 1 per Adult day-care home 2 supervisory staff or or group adult day- employees not residing on care facility the premises Dormitory 1 per 4 persons housed 1 per 3 bedrooms or sleeping rooms, plus 1 per 2 additional bedrooms or sleeping rooms, plus 1 per additional bedroom or Dwelling unit sleeping room in excess of 5 Item # 8 a Use' Spaces Required such rooms Fraternity, sorority or group house 1 per 2 persons housed Rooming or boarding house 1 per 3 sleeping rooms Auditorium or theater 1 per 5 seats 1 per 50 square feet of net Bar, tavern or floor area of the assembly restaurant space Bed-and-breakfast home or bed-and- breakfast inn 1 per guest roo Bowling alley 2 per bowling lane Church, funeral home or mortuary 1 per 10 seating spaces 1 per 5 persons allowed as Fitness center or determined by the maximum health club occupancy load Home occupation requiring special permit 1 space Hospital or nursing or convalescent home 1 per 5 patient beds Hotel or motel 1 per guest room Medical or dental 1 per 250 square feet of net office assignable floor area Nursery school, child day-care center or private elementary or 1 per 2 employees plus 1 per secondary school 15 pupils enrolled 1 per 250 square feet of net Office or bank assignable floor area Item # 8 a Use' Spaces Required Retail store or neighborhood 1 per 500 square feet of net commercial facility assignable floor area Wholesale or 1 per 2 employees on maximum industry work shift Boat launch 8 per ramp4 A .. Boat storage or 1 per 2 employees on maximum repair shift Boatel 1 per 2 sleeping rooms Marina 1 per 4 berths Yacht club 1 per 4 member families Human service agencies and 1 per 250 square feet of centers floor area NOTES: 1 In the case of mixed use of a building or property, the space requirements shall be computed for each use, and the total requirements for all uses shall be provided in accordance with this section. z See also the District Regulations Chart Editor 's Note: A copy of the District Regulations Chart is on file in the City offices. for districts in which off-street parking is not required. 3 Unless the Zoning Board of Appeals, upon consideration of all relevant factors, including but not limited to the easy availability of on-street parking or the expectation that a lesser parking requirement will meet the parking needs of the use, determines during consideration of the special permit that a lesser off-street parking requirement is appropriate and will not have a negative impact on the surrounding neighborhood. 4 Boat-launching ramps shall maintain 750 of Item # 8 a NOTES: their parking spaces at a size of 10 feet by 40 feet to accommodate boat trailers . Consult the New York State Parks and Recreation Department on space requirements for maneuvering. Fee i-n e t e 1 V . Ti e ie 7 ..CT the e RegH7 nSTlT� -1T� 'a ,=t- 4s en 4-F 7 e h t e G 1i e e s. (de) Parking in the Collegetown Parking Overlay Zone. [1] Notwithstanding anything to the contrary contained herein, in the CPOZ, required off-street parking for residential uses in the R-3a and R-3b Zoning Districts (Residential) and the B-2a and B-2b Zoning Districts (Business) shall be one space for every two resident occupants in the areas designated CPOZ on the map entitled "Collegetown Parking Overlay Zone, " dated June 2000, a copy of which is on file in the Ithaca City Clerk' s Office . [2] The requirements contained in § 325-20C (3) (c) shall not apply to buildings existing within the designated areas, as of October 4, 2000 . Parking requirements for such buildings within these areas shall remain as specified in the chart 325-20C (3) (b) , provided that there is no increase in the number of resident occupants . Notwithstanding anything to the contrary contained in this Code, in cases where the number of resident occupants is increased, the parking requirements of the Collegetown Parking Overlay Zone shall be applied only to the additional resident occupants . (e-d) Enclosed parking spaces that meet the minimum parking space size requirements shall be counted toward meeting the required number of parking spaces . (fe) Counting of end-to-end parking spaces . When determining the number of off-street parking spaces provided to fulfill the number of off-street parking spaces required for a use, no more than one pair of end-to-end parking spaces shall be counted, unless all spaces have adequate maneuvering space or direct street access . This is not to prevent the use of Item # 8 a a parking area for more than a single pair of end-to-end parking spaces if conditions warrant . (g-f) Shared parking. In a case where two or more establishments on the same lot, or on lots meeting the distance requirements found in § 325-20C (4) (d) of this section, have substantially different operating times, the Building Commissioner (or, in the case of a project subject to site development plan review, the Planning and Development Board) may approve the joint _use of parking spaces, provided that the Building Commissioner or the Board finds that the intent of the requirements of § 325- 20 is fulfilled by reason of variation in the probable time of maximum use by patrons and employees among such establishments . _d (4) Location requirements; off-street parking areas . All required parking spaces provided pursuant to this section shall be on the same lot as the building, use or activity that they serve, or may be located off site on another lot or parcel other than the lot or parcel on which the use is located or conducted provided that such off-site parking meets the distance and use district limitations as established below, is not located in an R-1 or R-2 zoning district, and receives a special permit pursuant to Article .6" (a) The lot or parcel containing the off-site parking area must be connected to and accessible by vehicular traffic from a public street. Off-site parking cannot also be counted toward compliance with the parking requirement for any other use except for those uses for which the Building Commissioner has determined that shared parking is appropriate, as provided for in § 325-20C (3) (f) . (b) Use district. An off-site parking area must be located on a lot or parcel located in the zoning district in which the use which requires the off-street parking is also a permitted use as a matter of right. Any off-site parking which is required for compliance with the parking requirement for a use which is permitted by use variance from the district regulations must also obtain a use variance for the off-site parking area; in these instances the notice requirements of this chapter shall apply to all lots involved. The notice requirements of this chapter shall apply to all lots if a use variance is required. Item # 8 a (c) Pedestrian way required. A pedestrian way, which in this case may be private or public, must connect the lots or parcels of both the use and the off-site parking area. The pedestrian way must meet the standards of a public sidewalk or as otherwise approved by the Board of Public Works . (d) Distance from use . The distance from the lot or parcel containing the off-site parking area and the lot or parcel containing the use which requires the off-site parking shall be measured from parcel to parcel following and along the pedestrian way that connects the off-site parking area to the use . Except where no public sidewalk exists or where no crosswalks or corner-curb aprons exist within 125 feet of the lot or parcel which requires the off-site parking, pedestrian ways that cross a public street shall be ............. ......... measured in a way that only crosses such streets at crosswalks or corner-curb aprons . The maximum distances of the pedestrian way shall vary by use and shall be no longer than as follows : [1] For mercantile uses, off-site parking lots or parcels must be within 250 feet of the lot or parcel on which the use is conducted. [2] For all other uses, off-site parking lots or parcels must be within 500 feet of the lot or parcel on which the use is conducted. (e) All land which is used to provide off-site parking must be restricted to that use only, for as long as the building is occupied by the use which requires off-street parking or until substitute parking, approved by the Building Commissioner, is provided. Evidence of such off-site parking shall be provided in the form of a recorded covenant, long-term lease or comparable document that is approved by the Building Commissioner. (5) Parking space, driveway, and driveway aisle size requirements . (a) Parking space size requirements for parking areas with 10 or fewer parking spaces . For such parking areas, a parking space shall have a minimum dimension of eight feet by 18 feet, exclusive of pedestrian ways, maneuvering space and driveways appurtenant thereto and giving access thereto. The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where Item # 8 a unobstructed vehicle overhang is available. All parking spaces shall have adequate access . (b) Parking space size requirements for parking areas with 11 or more parking spaces . [1] Perpendicular parking. For parking perpendicular to the driveway aisle, parking spaces shall be eight feet six inches by 18 feet . The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where unobstructed vehicle overhang is available [2] Parallel parking. For parking parallel to the driveway aisle, parking spaces shall be eight feet six inches by 20 feet . .4 [3] Angle parking. For angle parking, a standard parking space shall have a minimum area of 255 square feet, the length of which shall be measured, at the same angle of parking, from the center of the outermost edge of the parking space to the center line of the driveway aisle giving access to the parking space . The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where unobstructed vehicle overhang is available. , WO, (c) Possible variation from above standards under site plan review. The Planning and Development Board may, at its discretion, allow parking space sizes that vary from the above standards in those instances where Chapter 276, Site Plan Review, applies . (d) Parking for people with disabilities . For parking for people with disabilities, the combined width of parking and access aisle shall be in compliance with the New York State Uniform Fire Prevention and Building Code. Signage as required by the New York State Uniform Fire Prevention and Building Code shall be provided for all accessible parking spaces and associated access aisles . (4) Subsection "E" (formerly "D") is amended to read as follows : �E . Parking in front yards . Item # 8 a (1) In all residential districts, all front yard parking within 15 feet of the front property line is restricted to a motor vehicle orientation that is within 10' of perpendicular to the street . (2) In all residential districts, parking in the front yard of lots which have a width at the street line of 50 feet or less shall be restricted to parking within a driveway that is perpendicular to the street or that is within 10' of perpendicular to the street. Such driveway shall not be more than 12 feet wide for the portion that passes through the front yard. (3) In all residential districts, parking in the front yard of lots which have a width at the street line of more than 50 feet shall be restricted to an area not greater than 250 of the total area of the front yard, including turnaround and other vehicle maneuvering areas and driveways leading to garages and parking areas . The setback for any such parking area must meet the minimum front yard setback dimensions specified in § 325-8, District Regulations Chart, E-d4t:e±= 's Xet� (A copy of the District Regulations Chart is on file in the City offices)—. for the zoning district in which the parking area is to be constructed. (4) In all residential districts,_ on corner lots with more than one front yard as defined in this Code, front yard parking according to the above provisions shall only be permitted on one of the front yards . (5) In all residential districts, where a parking area will use a front yard, the use of the front yard for parking and associated maneuvering space shall not exceed the amounts permitted by this section. Any permitted front yard parking area shall have a clearly defined boundary as required by § 325-20C (2) (b) , and the remainder of the front yard shall be landscaped as a green area in keeping with the surrounding neighborhood. (6) In all districts, when a parking area is established on a lot that does not contain a building, an area equivalent to the front yard that would be required if a building did stand on the site shall be kept free of parking (except for an access drive to the parking area) . The area equivalent to the front yard that would be required if a building did stand on the site shall be landscaped in keeping with the surrounding neighborhood and shall be separated and protected from the Item # 8 a parking area by a suitable fence or safe barrier. (See the more detailed screening requirements described below for parking areas within residential zoning districts . ) (5) Subsection "F" (formerly "E") is hereby amended to read as follows : -E-F. Requirements for new or enlarged parking areas with the capacity for three or more parking spaces on lots within residential zoning districts . (1) Required permits. A new or enlarged parking area with the capacity for three or more parking spaces, on a lot within a residential zoning district-a, requires site plan approval (see Chapter 276) and a building permit. Plans submitted must include a site plan drawn to scale with all existing and proposed green areas, parking areas, associated maneuvering areas and driveways clearly indicated and dimensioned, must indicate required screening, ground slope and drainage provisions and must include a calculation in square feet of the area of paving and the area of the yards in which paving already exists or is proposed to be constructed. No building permit shall be issued unless the requirements of § 325-20C(1) are met. Ie . (2) Screening. The entire parking area, except entrances and exits, shall be screened from public ways and adjacent properties . Screening devices shall be at least four feet high, except where they are within 10 feet of the entrance or exit, or within 20 feet of a property lot corner at a street intersection. Screening may consist of hedge planting, walls, fences, trellises or a compatible combination of these elements . Screening is not required where the parking area is screened from the view of adjoining properties by buildings or other accessory structures, or sufficiently dense vegetation located on the same parcel as the parking area. Similarly, screening is not required where buildings or accessory structures without windows or other openings facing the parking area or other such screening devices exist on neighboring parcels and effectively screen the parking area. However, upon removal of said building, accessory structure or other such screening device by the adjoining property owner, the required screening shall be installed within one year. (a) Planting for the purpose of screening. Planting for the purpose of screening shall form a year-round dense screen at least four feet high within two years of the initial planting. Planting areas shall be curbed or otherwise protected from vehicle damage on the parking area sides, be at least eight�e feet wide and have a minimum three-foot- deep excavation prior to planting. Item # 8 a (b) Fences and walls for the purpose of screening. Fences for the purpose of screening must be sufficiently opaque, whether alone or in combination with planting or other design elements, to function as an effective visual barrier. Walls for the purpose of screening must be compatible in scale, texture and color with surrounding structures . (3) Maximum Parking Area Coverage Gefftp3 ee Me. -. In order to protect the character of residential areas, plans for parking areas with the capacity of three or more cars within residential zoning districts must conform to either the setback compliance method or the landscaping compliance method described respectively in 325-20E (5) (a) and (b) below. Before applying for a variance from this requirement, an applicant must show that neither method is feasible . Such plans must also comply with all other general and specific standards of 325-20 and with the District Regulations Chart. Where turnarounds, or other maneuvering spaces not required for access to parking spaces, are provided that meet minimum size for a parking space, they shall be counted as a parking space for the purpose of this subsection. (a) Setback compliance method. Parking areas using the setback compliance method shall conform to the following standards [1] Setbacks . The parking area shall not be located within the requirede minimum side or rear yard setback areas established for the applicable zoning district by the District Regulations Chart . -distanee ef five feet- Tr-emside r reaLinteii-ei= let line—These setbacks shall not apply to any driveway up to 12 feet in width that provides access for vehicles . [2] 'Maximum yard coverage . The parking area, <iexcluding any driveway up to 12 feet in width that provides vehicle access to a street, but including all other turnaround and vehicle maneuvering areas associated with parking, shall not cover more than 500 of the any remaining side or rear yard, as such percentage is calculated after excluding the required minimum side or rear yard setback areas specified for the applicable zoning district by the District Regulations Chart . For the purposes of this calculation, the area of a side or rear yard shall not include the Item # 8 a building area of any accessory structure located in the yard. (b) Landscaping compliance method. [1] A plan for a parking area using the landscaping compliance method shall be submitted to the Planning and Development Board for review, idniess the—p-r-e-pe.s-e d sit�—a--s �n d e_ t h e �is -i-i d -e-t i-e-n--e-€ 7,., elegy e f 4��he 9epaiatffte n t o f n l a ...; .,n itbehalf. The required building permit shall not be issued until a plan approved by eit-he:e the Board or- the Board' s designee (and a Certificate of Appropriateness where applicable-see below) eL= the— Tim -a-pirepri ate e*a e h easy is on file in the Building Department . [2] The Planning and Development Boar The be- may, at its discretion, approve a parking area that covers more than 500 of any side or rear yard (as calculated after excluding the minimum setback areas specified for the applicable zoning district, per the District Regulations Chart) er that laeks the _Lce d if the Boardr,,4ewi C beely finds that mitigating factors such as, but not limited to, the following exist: i . Natural land forms or tall vegetation provide significant shielding of views toward the parking area from the street and/or adjacent properties . ii . The configuration of the parking area protects and preserves existing healthy and mature vegetation, especially trees over eight-inch DBH (diameter at breast height) . iii . One or more curbed and landscaped planting areas are provided within the parking area. Any such interior planting area shall be a minimum of 80 square feet with no dimension being less than eight feet . Item # 8 a iv. The parking area will be substantially shaded by existing woodland or canopy trees, or the parking area plans call for the planting of trees of a species that, at maturity, will provide canopy shading. Trees currently or prospectively providing such shade may be located around the periphery of the parking area or in interior planting areas . Any such interior planting area accommodating such canopy trees shall be a minimum of 80 square feet with no dimension being less than eight feet . Such interior planting areas shall be curbed and have a minimum three-foot-deep excavation prior to planting. a$�B� [3] All property owners using the landscapingcompliance method must notify surrounding property owners by placing a notice at the project site in a form prescribed by the Planning and Development Board el= :�he t-haea [4] The Board shall be under no obligation to approve a parking area using he landscape compliance method; any such approval is discretionary. [5] In the event that the proposed parking area is under the jurisdiction of the Ithaca Landmarks Preservation Commission, the proposed plan shall also be submitted to the Commission for its review. The role of the Commission shall be limited to ruling on the appropriateness of the plan in relation to any adverse impact on the aesthetic, historical or architectural significance or value of the landmark or site in question. A building permit shall not be issued for a plan that has not received a Certificate of Appropriateness by the Commission, where such a Certificate is required. (4-3) Drainage . Surface or runoff water must be collected and transmitted or piped to the nearest storm sewer or, if a Item # 8 a storm sewer is not available, then through underground piping to the street gutter, or provisions shall be made for stormwater retention or recharge . Stormwater drainage systems, including their connections to public stormwater facilities, shall be in accordance with this Code and with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control, and shall be subject to approval by the City Engineer. The applicant must provide runoff calculations for the parking area for a two-year storm event and must calculate the appropriate pipe sizes and additional collection devices necessary to carry the water to the public stormwater system. When conditions warrant, the City Engineer may require installation of a sump in the last structure in a parking area runoff collection system prior to the delivery of stormwater to a public stormwater facility. Installation, maintenance and repair of any pipe delivering stormwater to a public stormwater facility shall be the responsibility of the property owner. Such installation, maintenance and repair within a public right-of-way shall only be performed with the written permission of the City Engineer. (54) Maintenance . The landscaping or other elements used to comply with § 325-20E shall be maintained, replaced or pruned as required to fulfill this section ' s standards, including provision of the required screening and compatibility with the surrounding residential neighborhood. Section 6. Chapter 325, Section 325-30,entitled "Conditions of Lawful Continuation" is hereby amended to read as follows: C. Legal nonconforming uses of any building or land shall adhere #. to the conditions of this article, a�eu�—even though such uses may not conform to other provisions of this chapter. The lawful use of any building or land legally existing at the time of enactment of this chapter may be continued only subject to the provisions of this article. Section 7. Chapter325, Section 325-31, entitled "Construction or use approved prior to adoption of or amendment to chapter," is hereby deleted in entirety. hereinNething nt ee shall K=e q�---- any hang- in pis, eens��.,et-; desidse ef a bid4-lel=n(j fer wh-ielz+ - bia-i i ai --- -} has been ti.e,..e+ fe -e ; s ed .,,; whieh entiie karrrl-ding shall bYe`-- p ----- ----------- -- ---- ----- — filed within twe yeaLcs fr-e-~ +=a the effeetive dateefthis ehapter erharry afRenelments her--ems: Section 8. Chapter 325, Section 325-32, entitled "Repair, changes in use, extension or enlargement of nonconforming uses or structures" is hereby amended to read as follows: C. Extension or enlargement of nonconforming uses or structures. Item # 8 a (1) A nonconforming use may not be extended or enlarged within or in association with the structure where it is located to ,.`heic sti=uetur-es, nor may a nonconforming use be extended or enlarged to all or part of a structure or structures not already legally at e~ p,-- —±'ens of stiFaet�a-r-es net devoted to such use or to other land not already legally devoted to such use, except by means of a use variance granted by the Board of Appeals. (2) A nonconforming structure which is used as permitted in the district in which it is located, but does not comply with the minimum lot size requirement and/or parking requirements applicable in the district, may not be extended or enlarged except by means of an area variance granted by the Board of Appeals; however, a nonconforming structure may be enlarged without the necessity of obtaining such a variance, provided thatt (a) The enlargement does not create a new, greater or additional nonconformity; (b) The enlargement does not increase the occupancy previously permitted for the structure unless the structure is, and will continue to be, a one- or a two-family dwelling; and (c) The property is, and will continue to be, in compliance with the minimum lot size and parking requirements of the district in which it is located. (3) A nonconforming structure which is used as permitted in the district in which it is located cannot be extended or enlarged by increasing the numbers of unrelated individuals residing within such structures or by increasing the number of dwelling units contained within such structure except by means of an area variance granted by the Board of Zoning Appeals; however, such a nonconforming structure may be extended or enlarged without the necessity of obtaining such a variance if the property, in the enlarged or extended condition, will comply with the parking and the lot size regulations of this chapter for the particular district in which it is located. 4) In all districts any legal nonconforming use or structure existing at the time of enactment of this chapter, as amended, or subsequently constructed in compliance with a variance, shall not be extended or enlarged except in compliance with the regulations of this chapter, as amended for each particular district. Section 9. Chapter 325, Section 325-33, entitled "Discontinuation of Use, " is hereby amended to read as follows: Nonoperation or nonuse for a period of 12 successive months...due to litigation commenced during said 12-month period, or pursuant to a building permit issued during said period for repairs or modifications required by the Building Department, it may be resumed within 12 s�aeees s±��e-ewe ~ 's F � t wafter such litigation is ended or such repairs are deemed complete, provided such resumption occurs within the remainder of the afore-mentioned 12-month period. Section 10. Chapter 325, Section 325-34, entitled "Restoration after Damage", is hereby amended to read as follows: A nonconforming building structure which is entirely devoted to a conforming use may be rebuilt or reconstructed, in whole or in part, when it is damaged by fire or other causes, provided that the floor area, occupancy and exterior dimensions are not increased in the new building when compared to the old building as it existed in an undamaged state. Item # 8 a Section 11. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. hAjb o . �.� ib, a Iljj�kkk.. Item # 8 a 4. Rezoning of a Portion of the SW-1 District to MH-1 —Approval to Circulate Moved by Alderperson Rooker; seconded by Alderperson Murtagh; Passed unanimously 5-0. ORDINANCE NO. 2012 BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby amended as follows : Section 1. Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca and the official Zoning Map of the City of Ithaca are hereby amended to change the zoning designation from SW-1 to MH-1 for the following tax parcels : 101 . -1-1 . 11 and 101 . -1-1 . 13 . Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Item # 8 a F. Discussion Items 1. Surplus Properties — Direction on Methods of Divesting of Certain Properties — Cherry Street, 213-215 West Spencer Street, and 321 Elmira Road In addition to his memorandum below, Tom West informed the group that these particular properties were once used by the City of Ithaca but are no longer needed. While trying to build our tax base, this proposal was developed. He further stated that the properties could be transferred to the Ithaca Urban Renewable Agency. Nels Bohn further stated that there is also a bidding process. Alderperson Kerslick asked if any other group has had any discussion on this. JoAnn Cornish stated that since it was just distributed, not many committees have had time to comment. The Planning Board has not had a formal discussion on this topic. Alderperson Murtagh asked whether environmental review has been done and further asked whether this has been well distributed. Chair Dotson stated the route we choose would determine how the resolutions would be written. Chair Dotson suggested that the Cherry Street be transferred to IURA due to its industrial use of the property. Alderpersons McCollister and Kerslick agree that the Spencer Street properties should be transferred to the INHS rather than to the open market. Alderperson Clairborne stated that the City Administration Committee will be the body to handle the financial part of this and Council would handle the usage. Alderperson Clairborne further stated if we are thinking of a land distribution that it be used as a taxable use of the property rather than a not-for-profit entity. The committee agreed. From: Tom West, Assistant City Engineer Date: November 17, 2011 Re: Divestiture of City-owned land Proposal to divest As a partial, but significant, mitigation for the City's financial crunch I have proposed that the City divest of certain properties that are not utilized and have market value. The object of this strategy is to reduce maintenance costs, generate income from the sale of the property, return the property to the tax base and provide an opportunity to create jobs. On October 19, 1 presented approximately a dozen such properties. At the suggestion of Mayor Peterson, the Board was asked to consider five properties. Process As I understand the process, divestiture can be initiated at the recommendation of the Superintendent. Based upon the Superintendent's recommendation, the Board of Public Works considers whether there is a public works need for the property. If the BPW Item # 8 a determines that there is no public works need for the property, the Board can recommend divestiture to the Common Council. Council can then decide to divest of the property. Disposal Disposal of the property can happen in a number of ways. The property can be auctioned, it can be sold to an individual at a negotiated price or it can be transferred to the Ithaca Urban Renewal Agency for disposal. Each method has merits depending upon the property and the end result that the City wishes to achieve. Each property should be appraised and may require an updated survey or subdivision. Properties considered by the BPW The BPW is in the process of considering five properties; they are: 213 West Spencer Street 215 West Spencer Street 321 Elmira Road 700 block East Seneca Street Cherry Street extension The total assessed value of these five properties exceeds $1,000,000. If simply returned to the tax roll these properties would generate $12,600 per year after sale. In some cases, I believe the assessed value exceeds the market value and in others it underestimates the market value. Given the development potential of these properties I think we could expect a significantly greater property tax return that could make a significant dent in our financial problem. Public concern There is no doubt that the public has deep concerns over the City's financial well-being. Our constituents have an equally strong concern that government be a good steward of public assets. A big concern is that the property should be developed in the best interest of the community. This is important but we can not let our concern prevent us from making good decisions. We can control the development of a property in a number of different ways. Method of sale Properties can be disposed of by public bid. Interested parties can submit sealed bids for a property and the bids opened in public. The highest bidder wins. This process can require a minimum bid based upon a current appraisal. In the case of the Cataract (Fall Creek) Fire Station bidders were required to include a description of their intention with the bid as a qualification to bid. We can include deed restrictions which preclude certain uses of the property to be conveyed. We can also rely upon zoning to limit the kind of development allowed. We can negotiate directly with an individual in cases where there is a direct relationship between the buyer and the property which is for sale. For instance, I understand that we could negotiate with the owner of a property if we were selling the immediately abutting city land. This would be useful in disposing of pieces of right of way that are of no use to the public but which are being used (by license) by the abutting owner. Again, we would rely upon a current appraisal to set the price. We can work with the Ithaca Urban Renewal Agency to achieve the kind of use that the Item # 8 a City intends. IURA can issue a request for proposals that will include a variety of criteria for the project. These may include type of development, job creation, disadvantaged business enterprise opportunities, targeted housing needs, etc. This process has been utilized successfully many times in Ithaca. There are likely other methods of sale that Planning and Development could propose. Item # 8 a Resolution: Parcel 93.-7-3 Whereas, the City of Ithaca owns parcel 93.-7-3 located at 213 West Spencer Street, and Whereas, the aforementioned parcel was obtained by the City with the intention of widening West Spencer Street to accommodate two-way vehicular traffic, and Whereas, the Superintendent of Public Works has indicated the remainder of the parcel is not currently used for City public works functions or purposes, and that the Superintendent does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and Whereas, continued City ownership of this parcel requires that the City incur expense for maintenance, without the generation of revenue (e.g., in the form of property taxes) from it,now be it Resolved, that the Board of Public Works hereby determines that the aforementioned property is not needed for City of Ithaca public works purposes, and, be it further Resolved, that the Board of Public works hereby recommends that the Common Council consider sale of parcel 93.-7-3, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. Resolution: Parcel 93.-7-5.1 Whereas, the City of Ithaca owns parcel 93.-7-5.1 located at 215 West Spencer Street, and Whereas, the aforementioned parcel was obtained by the City with the intention of widening West Spencer Street to accommodate two-way vehicular traffic, and Whereas, the Superintendent of Public Works has indicated the remainder of the parcel is not currently used for City public works functions or purposes, and that the Superintendent does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and Whereas, continued City ownership of this parcel requires that the City incur expense for maintenance, without the generation of revenue (e.g., in the form of property taxes) from it, now be it Resolved, that the Board of Public Works hereby determines that the aforementioned property is not needed for City of Ithaca public works purposes, and, be it further Resolved, that the Board of Public works hereby recommends that the Common Council consider sale of parcel 93.-7-5.1, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. 213 West Spencer Street, 215 West Spencer Street; Tax parcels 93.-7-3, 93.-7-5.1 These two properties are 0.47 acre acquired by the City for widening West Spencer Street to two lanes. The parcels are zoned R-3b. The combined assessed Item # 8 a value is $124,000. Prior to acquisition by the City the smaller parcel had a single family wood frame residence and the larger parcel had a 12-unit wood frame apartment building. The parcels have street frontage on West Spencer Street as well as South Cayuga Street. Although the property has a dramatic elevation difference from Spencer to Cayuga this did not preclude its earlier uses. 220 West Spencer has a multi-unit residential structure on a 0.21 acre parcel. It has an assessed value of $350,000 which generates approximately $4,000 in property taxes. Update: The Board of Public Works determined that these properties are not needed for City of Ithaca public works purposes on November 9, 2011. The City has already received inquires regarding purchase of these properties. Revised 11/17/11, tww Item # 8 a Resolution: Parcel 122.-2-1 Whereas, the City of Ithaca owns parcel 122.-2-1 located at 321 Elmira Road, and Whereas, the aforementioned parcel was obtained by the City with the intention of operating a sewage pump station, and Whereas, the Superintendent of Public Works has indicated the parcel is no longer used for City public works functions or purposes, and that the Superintendent does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and Whereas, continued City ownership of this parcel requires that the City incur expense for maintenance, without the generation of revenue (e.g., in the form of property taxes) from it, now be it Resolved, that the Board of Public Works hereby determines that the aforementioned property is not needed for City of Ithaca public works purposes, and, be it further Resolved, that the Board of Public works hereby recommends that the Common Council consider sale of parcel 122.-2-1, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. 321 Elmira Road, Tax Parcel 122.-2-1 . _ I% This 0.4 acre parcel is situated on the south side of Elmira Road between Friendly's Restaurant and the Honda dealership. The parcel has an assessed value of $189,000. The small brick sewage pump station on this parcel was recently de-commissioned. The parcel has a curb cut on Elmira Road. There is a drainage ditch on the north side of the property. Update: The Board of Public Works determined that this property is not needed for City of Ithaca public works purposes on November 15, 2011. Revised 11/17/11, tww Resolution: Parcel 100.-2-1.2 Whereas, the City of Ithaca owns parcel 100.-2-1.2 located at the south end of Cherry Street, and Whereas, the aforementioned parcel was obtained by the City with the intention of expanding the Cherry Street Industrial Park, and Whereas, the Superintendent of Public Works recommends reserving a 40 foot wide temporary (construction) easement and a concurrent 20 foot wide permanent easement for extension of utilities, and Whereas, the southerly portion of parcel 100.-2-1.2 contains two designated wetlands of 0.45 acre and 0.32 acre, and Item # 8 a Whereas, the Superintendent of Public Works recommends reserving a twenty foot wide easement for the purpose of extending a pedestrian path, concurrent with the aforementioned utility easements, and Whereas, the Superintendent of Public Works has indicated that, with the aforementioned exceptions, the parcel is no longer used for City public works functions or purposes, and that the Superintendent does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and Whereas, continued City ownership of this parcel requires that the City incur expense for maintenance, without the generation of revenue (e.g., in the form of property taxes) from it, now be it Resolved, that the Board of Public Works hereby determines that the aforementioned property is not needed for City of Ithaca public works purposes, and, be it further Resolved, that the Board of Public works hereby recommends that the Common Council consider sale of approximately 6 acres of the northerly portion of parcel 122.-2-1, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. Cherry Street, Tax Parcel 100.-2-1.2 The parcel at the end of Cherry Street contains 8.25 acres and is assessed at $825,000. The property is bounded on the east by railroad property and on the west by lands abutting Cayuga Inlet. This wooded parcel is generally flat. The southerly end of the property contains two designated wetlands of 0.45 acre and 0.32 acre. The neighboring 2.88 acre parcel at 240 Cherry Street has a land assessment of $253,000 with a total assessment of $1,290,000; this generates over $16,000 in property tax annually. The site could be sub-divided into two parcels. Approximately 6 acres at the north end of the property would provide a very attractive development parcel consistent with the current industrial zoning designation. By sub-dividing the north portion as a single parcel the City would have no obligation to extend the street or utilities beyond the end of the current street. The City can retain easements along one or more of the development parcel boundaries to complete the loop of water mains in the southern part of the City (this is an ongoing, funded capital project). The remaining acreage at the south end of the property could encompass the two larger wetlands. The City could also establish easements along one or more of the development parcel boundaries concurrent with the water main easements to provide public access to the wetlands without reducing the useful area of the development parcel. Revised 11/18/11, tww Item # 8 a G. Approval of Minutes — There were no minutes to be approved. H. Adjournment Alderperson Kerslick moved to adjourn; Alderperson McCollister seconded the motion. The meeting adjourned at 8:25 p.m. Item # 8 b City of Ithaca Planning & Economic Development Committee Wednesday, April 11, 2012 — 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Jennifer Dotson, Chair; Seph Murtagh, Graham Kerslick, Ellen McCollister, and Eddie Rooker Committee Members Absent: None Aer Other Elected Officials Attending: Mayor Svante Myrick (arrived at 6:15 p.m.); Alderperson Cynthia Brock Staff Attending: JoAnn Cornish, Director, Department of Planning and Development; Dennise Belmaker, Energy Sustainability Manager, Department of Planning and Development; Nels Bohn, Director, Ithaca Urban Renewal Agency; Jennifer Kusznir, Senior Planner, Department of Planning and Development; Megan Wilson, Planner, Department of Planning and Development; Debbie Grunder, Executive Assistant, Department of Planning and Development Others Attendin Phyllisa DeSarno, Deputy Director for Economic Development; and Debbie Parsons, City - Chamberlain; Carrie Berman and Stacey Murphy, Tompkins Community Action Chair Jennifer Dotson called the meeting to order at 6:10 p.m. A. Agenda Review No changes to the agenda were made. B. Special Order of Business 1. Public Hearing — MH-1 Zoning Alderperson McCollister moved to open the public hearing; Alderperson Murtagh seconded it. Passed unanimously 5-0. No one spoke on this topic. Alderperson McCollister motioned to close the public hearing; seconded by Alderperson Rooker. Passed unanimously 5-0. Item # 8 b C. Public Comment and Response from Committee Members Stacey Murphy, 701 Spencer Road, spoke on behalf TCAction and informed the group their interest in the 701 Cliff Street property for the YouthBuild Program. Carolyn Peterson, Buffalo Street, spoke in favor of the local action plan. She pointed out a number of items or suggested clarifications that she provided Dennise Belmaker, the City Energy Sustainability Manager. Paul Mazzarella, 39 Woodcrest Avenue, spoke on behalf of the INHS regarding the tax delinquent properties. He recommends that property 116 North Titus Avenue not go to auction. Joel Harland, Newfield, spoke in favor of affordable housin ndtencouraged the City to take a good look at this problem. People cannot continue to omel nd also lead a healthy life. D. Announcements, Updates and Reports a. Commons Redesign Update Jennifer Kusznir informed the committee what the client committee has been done, and provided the following update: The Commons Client Committee has asked that staff update Common Council on the status of the Commons project, since they will be making a design recommendation to the Council in a few months and they wanted to make sure that everyone, especially the new Council members were familiar with the project. As most of you are aware, the Commons project was initiated as a Department of Public Works capital project request in 2007 to address concerns regarding the aging underground utilities,the less than ideal fire prevention and response infrastructure, the emergency access issues, the deteriorating structures on the Commons and the numerous injuries that had occurred as a result of extensive surface decomposition. The initial design phase was approved as part of the 2008 City capital budget. In 2009, the City hired Sasaki Associates and established a client committee made up of 16 members of the public. Over the next two years the consultants worked with the City staff from planning, public works, engineering, fire, the City clerk and the client committee to conduct an extensive public outreach effort, which included public meetings and wofkshop�, information tables, conducting surveys, and on the street interviews, and having focus group meetings. They then to used that feedback to develop a schematic design that could address many of the concerns that were expressed from both the public and from the professional staff. The City authorized the funding for the final design and preparation of construction drawings as a part of the 2011 capital budget. The final design phase began in August of 2011, with a survey of existing structures,utilities, trees,planters, and accessibility issues on the Commons. In December, the consultants led a series of public meetings and collected additional public feedback on the schematic design. There was a great deal of concern raised about the proposed removal and replacement of the trees on the Commons. In order to address these concerns, the City authorized an Independent arborist Bill Logan of Urban Arborist, to conduct an evaluation of the health and value of each of the trees on the Commons and an assessment of their probability of survival after construction, either by transplanting them or protecting Item # 8 b them in place. Sasaki Associates used this information in order to determine if it would be possible to alter the proposed design to save any of the recommended trees. They found that it would be possible to slightly alter the design in order to preserve 4 trees on the Commons, however, given the additional costs, the probability of survival, and the impacts on the utility plan and the overall design,they recommended only saving 2 of the trees. The Client Committee,who has begun meeting on a weekly basis, after reviewing all of the information, is planning on recommending that the City accept the Sasaki proposal and only retain 2 of the existing trees located in Bank Alley. However, the Committee also plans on recommending that the City consider transplanting 12 of the trees that Bill Logan assessed as having a high probability of surviving transplantation. In addition to making a recommendation regarding the trees,the Committee will also be working wi the Consultant over the next few months to develop recommendations for the type size, location and of pavilions, and seating, planters,trees,and other amenities, surface materials,and lighting opti They re also working with the Fire chief to address fire safety and access issues. The Committee will continue to meet on a weekly basis in orde work saki Associates to develop a final recommended design plan. They expect to be make t al recommendation to Common Council in May or June of this year. In addition, City staff has been working on exploring"funding options for the cons ion ofthis project. In March, staff prepared and submitted an 'application to ro four of the US Department of Transportation -Transportation Investment Generating Economic Reco ry Grant program or TIGER IV. If successful the grant would supply 12.5 million dollars to be used towards a project that would include the reconstruction of the Commons, the r onstruction of Stewart Avenue, and an upgrade of the TCAT bus loop between downtown and Cornell. 'e also worked with the County to submit the same grant project for two additional grant opportunities from the Federal Transit Admiriistf 'on, the Bus Livability Grant and the State of Good Repair Grant. All of these grants are expected to be announced within the next 2 months. Staff is continuing to work on exploring any other funding opportunities that may arise. We are also working with the Downtown Ithaca Alliance to discuss mitigation impacts and construction phasing options. A*A%ik Alderperson McCollister stated that if the Commons committee will be relocating the current trees on the Commons, she suggests they be distributed in the Collegetown area. The smaller CT trees are vandalized and cannot grow. Mayor Myrick stated that Senator Schrumer and his staff should be reached for support. 411 b. Comprehensive Plan Update Megan Wilson gave an update on the consultant's work being done on the comprehensive plan 20 meetings and approximately 800 surveys completed. Ask Megan for her paragraph she read to the group. Item # 8 b c. Intermunicipal Planning Update The joint Intermunicipal planning (city/town) has been scheduled for April 25, 2012 at 3:30 p.m. The task force will be meeting on Monday, April 16, 2012. Gary Stewart, Cornell University, has put together several different meetings with the town, Emerson, etc. E. Action Items 1. MH-1 Zoning District— Resolutions (memo, map, GML letter, lead agency, negative declaration, and ordinance) Draft Resolution: Proposal to Rezone Parcels 101.4-1.13, 101.-1-1.1 .and a portion of parce1,78.-3-6 from SW-1 to MH-1 —Declaration of Lead Agency for Env' mental Review Alderperson Murtagh moved; seconded by Alderperson Ro ii Passed 5-0. WHEREAS,State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law,and WHEREAS, State Law specifies that fora governed by locale ental review,the lead agency shall be that local agency which has primary , sponstt1 ' for approvin nding or carrying out the action,and WHEREAS,the proposed zoning amendment is'a"Type I"Actt uant to the City Environmental Quality Review(CEQR)'Ordinance,which requires environment eview under CEQR;now,therefore,be it RESOLVED,that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of rezone parcels 10 -1-1.13, 101.-1-1.11 and a portion of parcel 78.- 3-6 from SW-1 to MH-1. Draft Resolution: Pro al to Rezone is 101.- 3 101.4-1.11 and a portion of parcel 78:3-6 from SW-1 to —Determinati f En onmental Significance Alderper Rooker mo ; seconded by Alderperson Murtagh. Passed 5-0 WHEREAS,the City of Itha` is considering a proposal to rezone parcels 101.-1-1.13, 101.-1-1.11 and a portion of parcel 78.-3-6 from SW-1 to MH-I,and WHEREAS,appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Form(FEAF),and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239-1—m of the New York State General Municipal Law,which requires that all actions within 500 feet of a county or state facility,including county and state highways,be reviewed by the County Planning Department,and has also been reviewed by the City of Ithaca Conservation Advisory Council,and the City of Ithaca Planning and Development Board,and WHEREAS,the proposed action is a"Type I"Action under the City Environmental Quality Review Ordinance,and WHEREAS,the Common Council of the City of Ithaca,acting as Lead Agency,has reviewed the FEAF prepared by planning staff;now,therefore,be it Item # 8 b RESOLVED,that this Common Council,as lead agency in this matter,hereby adopts as its own,the findings and conclusions more fully set forth on the Full Environmental Assessment Form,and be it further RESOLVED,that this Common Council,as lead agency in this matter,hereby determines that the proposed action at issue will not have a significant effect on the environment,and that further environmental review is unnecessary,and be it further RESOLVED,that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same,together with any attachments,in the City Clerk's Office,and forward the same to any other parties as required by law. An Ordinance Amending the Municipal Code of the City of Ithaca, Chapter 325, Entitled "Zoning" To Rezone Parcels 101 .-1-1 . 13, 101 .- 1-1 . 11 and a portion of parcel 78 .-3-6 from STn11.-1 to MH-1 The ordinance to be considered shall e s fo s : ORDINANCE NO. Moved by McCollister; seconded by Kerslick. Passed 5-0. BE IT ORDAINED AND ENACTED by the City of Ithaca Common Counci follows: Section 1. The Official Zoning Map of the City of Ithaca reby amended to change the designation from SW-1 to MH-lfor the fo11owi tax parcels: 101.-1- 1.13, 101.-1-1.11 and a portion of parcel 78.-3-6. The boundaries are shown on the attached map entitled "Pro - Amendment to the MH-1 Zoning District - March 2012." Section 2. Effective Date his 0 ance shal take effect immediately and in accordance w' afte ublication f otice as provided in the Ithaca City Charter. Mayor the meeting before this discussion. 2 ergy Action P ormer med `Local Action Plan')—Resolution distributed in Proposed Resolution: Adoption of the City of Ithaca Energy Action Plan 2012 In the second to the last Resolved, Chair Dotson suggested changing the word, "adopts" to "endorses". The revised Resolved reads as follows: RESOLVED, that the City of Ithaca Common Council hereby endorses the Energy Action Plan 2012, and be it further Alderperson Rooker moved the amendment;seconded by Alderperson Kerslick. Passed 5-0. Alderperson Rooker moved the resolution as amended;seconded by Alderperson Kerslick. Passed 5-0. Item # 8 b WHEREAS,the City of Ithaca Common Council has demonstrated its desire and commitment to protect the environment by passing the following resolutions to: ■ Join the International Council for Local Environmental Initiatives(2001) ■ Endorse the US Mayors' Climate Protection Agreement(2005) ■ Adopt the Climate Smart Communities Pledge(2009),and WHEREAS,the above resolutions pledged that the City of Ithaca will take local action to achieve sustainability,energy conservation,and climate protection goals,and WHEREAS,in order to guide City actions and decision-making to achieve these goals,a Local Action Plan: to Reduce Greenhouse Gas Emissions for City oflthaca Governmen erations("Local Action Plan")was developed and adopted by Common Council on July 2006, WHEREAS,the Local Action Plan included a baseline inventory overnment greenhouse gas emissions,a 10 year reduction target,and a number of reco ed es the City of Ithaca could take to accomplish such reductions,and WHEREAS,many of these measures have been impl to , continue to b mented by the City since the adoption of the Local Action Plan,howev o formal monitoring of the mentation measures have been done,and WHEREAS,the above resolutions and Local Action P to a ontinuous and olving process, which monitors progress and reports results,updates plan olicies as needed,and considers new ideas and opportunities,and WHEREAS,the new Energy Action tO 12,which contains ad updated reenhouse gas emissions inventory(2010)for government operations and a baseline inventory for community-wide emissions, monitors implemented measures,and reco'encds further steps the City of Ithaca can take to achieve its carbon reduction goals,is both a result anu ' part of such evolving process,and WHEREAS,the information acid strategie ed in the n&Energy Action Plan 2012 will further advance the City's ongoing effats of environm al stewardship using methods that are economically feasible andociallyequitable,and WHEREAS,the Energy Action Plan 2012 must have the support of the City of Ithaca at all levels of govermnent to be successfully implemented,and HEREAS,this support can be demonrated at first by the City of Ithaca Common Council through the ption of the Energy Action Plan 2012,and AS,in accordance with the City of Ithaca Code§176-5(26)"adoption of regulations,policies, procedures and local le `"&lative decisions in connection with any action on this list",this action does not require a City Enviro ,tal Quality Review(CEQR);now,therefore,be it RESOLVED,. he City of Ithaca Common Council hereby endorses the Energy Action Plan 2012, and be it further RESOLVED,that the Mayor will work with department heads and city staff,members of the Local Action Plan Steering Committee,businesses,community groups,academic institutions,organizations, and other local governments to implement the plan and advance the City's environmental goals. 3. Transfer of City-Owned (and Possibly Tax Delinquent) Properties (some materials to be distributed separately later) Item # 8 b a. Possible Tax Delinquency— 203 Third Street— proposed transfer to IURA for development as for-sale taxable single-family home (lead agency, negative declaration, proposed authorization of transfer) Authorize Transfer to IURA of 203 Third Street Property Acquired,Through Foreclosure— Declaration of Lead Agency Moved by Alderperson Murtagh;seconded by Alderperson Rooker. P d 5-0. WHEREAS,the City of Ithaca Common Council is considering convey " of'203 Third Street, Ithaca, NY(tax parcel #35.-5-16)to be acquired through tax foreclosure proceedings t e It }' a Urban Renewal Agency(IURA)for disposition to a qualified sponsor for residential development d WHEREAS,as proposed,the IURA will solicit competitive propo r pure and development of the property and develop a proposed property disposition for Common Counci and WHEREAS,the proposed transfer of a 2,850 sq.' arcel of land is an U action under the City Environmental Quality Review Ordinance(CEQRO), and WHEREAS,State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law,and WHEREAS,State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agNncyrisdicti to fund,approve or undertake the proposed action; now,therefore, be it RESOLVED,that the City of Ithaca Common Council doe hereby declare itself Lead Agency for the environmental review of the proposed transfer to the IURA of the above listed real property to be acquired through tax foreclosure. Authorize Transfer"��1URA of 203 Third Street Property Acquired Through Foreclosure— Environmental Determination Moved by Alderperson Kerslick;seconded by Alderperson Murtagh. Passed 5-0. WHEREAS,the City of Ithaca Common Council is considering conveyance of 203 Third Street, Ithaca, NY(tax parcel #35.-5-16)to be acquired through tax foreclosure proceedings to the Ithaca Urban Renewal Agency(IURA)for disposition to a qualified sponsor for residential development,and WHEREAS,as proposed,the IURA will solicit competitive proposals for purchase and development of the property and develop a proposed property disposition for Common Council approval,and WHEREAS,on May 2, 2012,the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action,and Item # 8 b WHEREAS,such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance("CEQR") and an Unlisted Action under the State Environmental Quality Review Act("SEQR"), both of which require environmental review, and WHEREAS,the Short Environmental Assessment Form ("SEAF")and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS,the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1,submitted by the applicant,and Part 2, prepared by Ithaca Urban Renewal Agency staff; now,therefore, be it RESOLVED,that the City of Ithaca Common Council hereby determines that the proposed transfer to the IURA of the 203 Third Street property acquired through tax foreclosure proceedings will result in no significant impact on the environment and that a Negative Declaration for purposes of Article `f the E mental Conservation Law be filed in accordance with the provisions of Part 617 of the State E n ntal Qua view Act. Proposed Resolution Planning&Economic Development Committee April 11,2012 Authorize Transfer to IURA of 203 Third Street Property Acquired Thr oreclosure Over all resolution Moved by Alderperson Rooker;seconded by Alderperson Kerslick. Passed 5-0. Amendment made by Alderperson Dotson;seconded by Alderperson Murtagh. Passed 5-0. WHEREAS,the City of Ithaca is in the process of acquiring the 203 Third Street property(tax parcel#35.-5-16) by tax foreclosure through the City's Tax Foreclosure Proceeding filed with the Tompkins County Clerk,and WHEREAS,as of March 16, 2012, a total of$1,404.67 of Cit nd School taxes were due on the 203 Third Street property for tax years 2010 and 2011,and WHEREAS, real property acquired by e Ci%oWaca through foreclosure proceedings may be disposed of through auction or directed sale to another party without advertising for bids or public hearing, and WHEREAS,the City Chamberlain is authorized,without further Common Council action,to dispose of properties acquired through tax foreclosure through auction in conjunction with the County of Tompkins,which auction is scheduled for June, 2012,and WHEREAS,to properly market properties in the June auction,the City Chamberlain must submit properties to be sold by auction in early May, and WHEREAS,Section 1166(1)of New York Real Property Tax Law authorizes a taxing jurisdiction vested with title to real property by virtue of a foreclosure proceeding under that statute to sell and convey the real property so acquired,either with or without advertising for bids, notwithstanding the provisions of any general,special or local law,and WHEREAS,Section 1166(2)of the New York Real Property Tax Law further provides that no such sale shall be effective unless and until such sale shall have been approved and confirmed by a majority vote of the governing body of the taxing jurisdiction (except that no such approval shall be required when the property is sold at a public auction to the highest bidder), and WHEREAS,the various methods available to dispose of property include(1)auction, (2)competitive RFP process, and (3)a directed sale to a non-profit organization for a specific end use,and each approach optimizes different Item # 8 b public policy objectives such as increasing the tax base,expanding affordable housing opportunities,minimizing administrative effort&transaction costs, maximizing the purchase price,and transparency and perceived fairness of the process; and WHEREAS,given the parcel's small size and close proximity to existing single-family homes,the 203 Third Street property is most appropriate for development of a detached,for-sale home, and WHEREAS, public policy objectives are best achieved for disposition of 203 Third Street through a process that provides prospective buyers with an opportunity to submit proposals to acquire and redevelopment the property through an open competitive RFP process; now,therefore, be it RESOLVED,that the City Chamberlain is directed to withhold 203 Third Street from the auction pending transfer to the IURA,and be it further RESOLVED,that the Mayor,subject to advice of the City Attorney, is hereby authorized to enter into a property transfer agreement for 203 Third Street with the IURA for purposes of the IURA soliciting competitive proposals for purchase and development of the property for a for-sale,taxable,home with a sales price at least equal to pay all outstanding City,School and County taxes and any other City Liens and all expenses of the City and IURA associated with the conveyance,and be it further RESOLVED,that the Mayor,subject to advice of the City Attorney and the terms and provisions of the property transfer agreement, is authorized to convey quit claim deed for 203 Third Street to the IURA. b. Possible Tax Delinquency— 701 Cliff Street— proposed transfer to TCAction contingent on use as YouthBuild site, or IURA for development as for-sale taxable single-family home (lead agenc ive declaratio proposed authorization of transfer) Proposed Resoluti0 Planning & Economic De me mittee April 11,2012 Authorize onveyan CAM 701 Cliff Street Property Acquired Through Foreclosure —Declaration of Lead A Moved by Alderperson Murtagh, _ nded b Iderperson Kerslick. Passed 5-0. WHEREAS,the City of Ithaca Common Council is considering conveyance of 701 Cliff Street, Ithaca, NY(tax parcel #38.-3-7)to be acquired through tax'-foreclosure proceedings to Tompkins Community Action, Inc.to be used to develop affordable housing as part of a YouthBuild project funded by the U.S. Department of Labor,and WHEREAS, if Tompkins Community Action's 2012 YouthBuild grant application is not funded,then the property will be transferred to the Ithaca Urban Renewal Agency(IURA)for disposition to a qualified sponsor for residential development subject to Common Council approval,and WHEREAS,the proposed transfer of an approximately 12,600 sq.ft. parcel of land is an Unlisted action under the City Environmental Quality Review Ordinance(CEQRO),and WHEREAS,State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS,State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action,and Item # 8 b WHEREAS, no other agency has jurisdiction to fund,approve or undertake the proposed action; now,therefore, be it RESOLVED,that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed conveyance of the above listed real property to be acquired through tax foreclosure. Proposed Resolution Planning&Economic Development Committee April 11, 2012 Authorize Conveyance to TCAction of 701 Cliff Street Property Acquired Through Foreclosure —Environmental Determination Moved by Alderperson McCollister;seconded by Alderperson Rooker. Passed 5-0. WHEREAS,the City of Ithaca Common Council is considering conveyance of 701 Cliff Street, Ithaca, NY(tax parcel #38.-3-7)to be acquired through tax foreclosure proceedings to Tompkins Community Action Inc. (TCAction)to be used to develop affordable housing as part of a YouthBuild project funded by the U.S. Department of Labor, and WHEREAS, if TCAction's 2012 Youth Build grant application is not funded,th '•the property will be transferred to the Ithaca Urban Renewal Agency(IURA)for disposition to a qualified spo residential development subject to Common Council approval,and WHEREAS,on May 2, 2012,the City of Ithaca Common Council declared it ad Agency for the environmental review of this proposed action,and WHEREAS,such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance("CEQR") and an Unlisted Action under the State Environmental Quality Review Act("SEQR"), both of which require environmental review,and WHEREAS,the Short Environmental Assessment Form ("SEAF")and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS,the City of Ithaca Common Council,acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1,submitted by the applicant,and Part 2, prepared by Ithaca Urban Renewal Agency staff; now,therefore, be it RESOLVED,that the City of Ithaca Common Council hereby determines that the above-described proposed conveyance of the 701 Cliff Street property acquired through tax foreclosure proceedings will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Proposed Resolution Planning&Economic Development Committee April 11,2012 Authorize Conveyance to TCAction of 701 Cliff Street Property Acquired Through Foreclosure Moved by WHEREAS,the City of Ithaca is in the process of acquiring the 701 Cliff Street property(tax parcel#38.-3-7) by tax foreclosure through the City's Tax Foreclosure Proceeding filed with the Tompkins County Clerk,and Item # 8 b WHEREAS,as of March 16,2012,a total of$4,696.01 of City and School taxes were due on the 701 Cliff Street property for tax years 2010 and 2011, and WHEREAS, real property acquired by the City of Ithaca through foreclosure proceedings may be disposed of through auction or directed sale to another party without advertising for bids or public hearing, and WHEREAS,the City Chamberlain is authorized,without further Common Council action,to dispose of properties acquired through tax foreclosure through auction in conjunction with the County of Tompkins,which auction is scheduled for June, 2012,and WHEREAS,to properly market properties in the June auction,the City Chamberlain t submit properties to be sold by auction in early May,and WHEREAS,Section 1166(1)of New York Real Property Tax Law authorizes i risdiction vested with title to real property by virtue of a foreclosure proceeding under that statute tcr'' I and convey the real property so acquired, either with or without advertising for bids, notwithstandi e`pvisions of any general,special or local law,and WHEREAS,Section 1166(2)of the New York Real Property further'provides that no such sale shall be effective unless and until such sale shall have been appro ed nfirme '' a majority vote of the governing body of the taxing jurisdiction (except that no such approval sha d w en the property is sold at a public auction to the highest bidder),and WHEREAS,the various methods available to dispose of tax foreclosed pro y include(1)auction, (2)competitive RFP process, and (3) a directed sale to a non-profit organization for a specific end use,and each approach optimizes different public policy objectives such as increasing the tax base,expanding affordable housing opportunities, minimize administrative effort&transaction costs, maximizing the purchase price,and the transparency and perceived fairness of the process;and WHEREAS,Tompkins County Action, Inc. (TCAction) intend to submit a YouthBuild grant application to the U.S. Department of Labor that is due on May 8,2012, and WHEREAS, in YouthBuild programs, low-income young peop ages 16 to 24 work full-time for 6 to 24 months toward their GEDs to high school diplomas while learning job skills by building affordable housing,and WHERE CActi0n requires site control of a residential site to be competitive in the YouthBuild grant application, and WHEREAS, ut n of 701 Cliff Street as a YouthBuild site for creation of affordable housing while young people learn job skills a GEDs or hi`h school diplomas serves a public purpose, and WHEREAS, providing s tr f 701 Cliff Street to TCAction significantly enhances the strength of their You thBuild grant applicat at will assist residents of the City of Ithaca; now,therefore, be it RESOLVED,that the City Chamberlain is directed to withhold 701 Cliff Street from the auction and be it further RESOLVED,that the Mayor,subject to advice of the City Attorney, is hereby authorized to enter into a sale agreement for 701 Cliff Street with Tompkins County Action, Inc.subject to the following terms: Sales price-an amount sufficient to pay all outstanding City,School and County taxes and any other City liens due and all out-of-pocket expenses associated with conveyance; Land use—development of affordable housing as part of a YouthBuild project Item # 8 b Seller contingency-sale is contingent upon approval of TCAction's 2012 YouthBuild grant application,and be it further RESOLVED, if the seller contingency is not satisfied,then 701 Cliff Street shall be transferred to the Ithaca Urban Renewal Agency(IURA)for the purpose of soliciting competitive proposals for purchase and development of the property for residential development with a sales price at least equal to pay all outstanding City,School and County taxes and any other City liens due and all expenses of the City and IURA associated with conveyance,and be it further RESOLVED,that the Mayor,subject to advice of the City Attorney and the terms and provisions of the sales agreement, is authorized to convey quit claim deed of 701 Cliff Street. Item # 8 b c. Possible Tax Delinquency— 116 North Titus— allow to proceed to auction Discussion: The committee agreed to a transfer of INHS at a fair market value. Nels will put together the resolution for the Council agenda. d. 213-215 West Spencer Street— proposed transfer to IURA for development:as housing (lead agency, environmental review, pr sed authorization sfer) Proposed Resolution Planning & Economic Development Co ittee April 11,2012 Authorize Transfer to IURA of 213-215 W. encer t Propert Declaration of Lead Agency Moved by Alderperson Rooker;seconded by Alderperson EVicCollister. s`sed 5-0. WHEREAS,the City of Ithaca Common Council is considering transfer of °113-215 W.Spencer Street, Ithaca, NY(tax parcels#93.-7-3&93.-3-5.1)to the Ithaca Urban Renewal Agency(IURA)for disposition to a qualified sponsor for residential development, and WHEREAS,as proposed,the IURA will solicit competitive proposals for purchase and development of the property and develop a proposed property disposition for Common Council approval, and WHEREAS„the proposed transfer of an approximately 20,700 sq.ft. parcel of land is an Unlisted action under the City Environmental Quality Review Ordinance(CEQRO),and WHEREAS,State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law,and WHEREAS,State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action,and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now,therefore, be it RESOLVED,that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed transfer to the IURA of the above listed real property. Item # 8 b Proposed Resolution Planning&Economic Development Committee April 11, 2012 Authorize Transfer to IURA of 213-215 W. Spencer Street Property—Environmental Determination Moved by Alderperson Murtagh;seconded by Alderperson Kerslick. Passed 5-0. WHEREAS,the City of Ithaca Common Council is considering transfer of 213-215 W.Spencer Street, Ithaca, NY(tax parcels#93.-7-3&93.-3-5.1)to the Ithaca Urban Renewal Agency(IURA)for disposition to a qualified sponsor for residential development, and WHEREAS, as proposed,the IURA will solicit competitive proposals to purchase and develop the property for a residential use and develop a proposed property disposition for Common Council approval,and WHEREAS,on May 2,2012,the City of Ithaca Common Council declared`itself Lead Agency for the environmental review of this proposed action,and WHEREAS,such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance("CEQR")and an Unlisted Action under the State Environmental Quality Review Act("SEQR"), both of which require environmental review,and WHEREAS,the Short Environmental Assessment -` "SEAF")and supporting information has been provided to the City of Ithaca Conservation Advisory Council f the proposed action and no comments have been received to date, and WHEREAS,the City of Ithaca Common Council, acting Lea genc nvironmental review, has reviewed and accepted as adequate a Short Environmental Assess: ent Form, Par submitted by the applicant,and Part 2, prepared by Ithaca Urban Renewal Agency staff; now,therefore, be it RESOLVED,that the City of Ithaca Common Council hereby determines that the proposed transfer to the IURA of the 213-215 W.Spencer Street property will result in no significant impact on the environment and that a Negative Decl<on NAe f the Environmental Conservation Law be filed in accordance with the prov v( ental Quality Review Act. Prop 'onPlanning&Ecoh6rniic Development Committee April 11,2012 Authorize Transfer t of 213-215 W. Spencer Street Property Moved by Alderperson Kerslick;seconded by Alderperson Murtagh. Passed 5-0. WHEREAS,the City of Ithaca Common Council is considering transfer of 213-215 W.Spencer Street, Ithaca, NY(tax parcels#93.-7-3&93.-3-5.1)to the Ithaca Urban Renewal Agency(IURA)for disposition to a qualified sponsor for residential development, and WHEREAS, pursuant to§695 of General Municipal Law,the City may dispose of real property at the highest marketable price at public auction or by sealed bid, and WHEREAS, pursuant to§507 of General Municipal Law,the City is also authorized to dispose of real property through the Ithaca Urban Renewal Agency(IURA)to a qualified and eligible sponsor(aka preferred developer)to a preferred developer(aka a "qualified and eligible sponsor")at a negotiated sales price for a specific end use. A Item # 8 b public hearing must be held on any IURA-proposed property sale following publication of a notice disclosing the terms of the sale and Common Council approval of the proposed sale is required,and WHEREAS,the 2012 City budget includes revenues of$120,000 from the sale of City properties,so purchase price is a consideration in selecting the method of disposition,and WHEREAS, Common Council has an interest in post-sale use of the property to enhance the City's tax base, expand the supply of affordable housing, and compatibility with the surrounding neighborhood,and WHEREAS, public policy objectives are best achieved for disposition of 213-215 W.Spencer Street through a process that provides prospective buyers with an opportunity to submit proposals uire and development the property through an open competitive RFP process; now,therefore, be it RESOLVED,that the Mayor,subject to advice of the City Attorney, is herebp t ed to enter into a property transfer agreement for 213-215 W.Spencer Street with the IURA for purposes of t ` `" A soliciting competitive proposals for purchase and development of the property with the f in pidance. • Sales price:seek fair market value • Use:compatible residential development, including dable housing if feasible • Tenure:for-sale or rental housing • Taxable status:taxable,and be it further RESOLVED,that the Mayor,subject to advice of the City Attorney an erms and provisions of the property transfer agreement, is authorized to convey qui i,m deed for 213-21 encer Street to the IURA. Item # 8 b e. 321 Elmira Road — proposed public sale for highest marketable price (lead agency, environmental review, proposed authorization of transfer) Proposed Resolution Planning & Economic Development Committee April 11,2012 Authorize Sale of 321 Elmira Road Property for Highest Marketable Price— Declaration of Lead Agency Moved by Alderperson Kerslick;seconded by Alderperson Murtagh. Passed 5-0. WHEREAS,the City of Ithaca Common Council is considering sale of 321 Elmira Road, Ithaca, NY(tax parcel#122.- 2-1) by public auction or an alternative authorized disposition method to achieve a.sale at the highest marketable price,and WHEREAS,the proposed transfer of an approximately 18,800 sq.ft.<parcel of,land is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO),and WHEREAS,State Law and Section 176.6 of CEQRO require ad Agency be established for conducting environmental review of proposed actions in accordance with d state environmental law,and WHEREAS,State Law specifies that for actions governed by local envir tal review the Lead Agency shall be that local agency which has primary responsibili proving and fun carrying out the action,and WHEREAS, no other agency has jurisdiction to fund, pr dertake the osed action; now,therefore, be it RESOLVED,that the City of Ithaca Common Council doe reby declar self Lead Agency for the environmental review of the proposed sale of 321 Elmira Rd. by public au ion or an alternative authorized method to achieve a sale at the highest marketable price. Proposed R Plannin conomic Deve t Com e Apri 12 Authorize S 321 Elmira'; ad Property for Highest Marketable Price— Negative Declaration Moved by Alderpers McCollister seconded by Alderperson Kerslick. Passed 5-0. WHEREAS,the City of Ithaca Common Council is considering sale of 321 Elmira Road, Ithaca, NY(tax parcel#122.- 2-1) by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable price,and WHEREAS, on May 2, 2012,the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS,such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance("CEQR") and an Unlisted Action under the State Environmental Quality Review Act("SEQR"), both of which require environmental review, and Item # 8 b WHEREAS,the Short Environmental Assessment Form ("SEAF")and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date,and WHEREAS,the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1,submitted by the applicant,and Part 2, prepared by Ithaca Urban Renewal Agency staff; now,therefore, be it RESOLVED,that the City of Ithaca Common Council hereby determines that the proposed sale of 321 Elmira Road, Ithaca, NY by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable will result in no significant impact on the environment and that a Nega eclaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the isio"'s of Part 617 of the State Environmental Quality Review Act. Item # 8 b Proposed Resolution Planning& Economic Development Committee April 11, 2012 Authorize Sale of 321 Elmira Road Property for Highest Marketable Price Moved by Alderperson Rooker; seconded by Alderperson Dotson. Passed 5-0. WHEREAS,the City of Ithaca Common Council is considering sale of 321 Elmira Road, Ithaca, NY(tax parcel #122.-2-1) by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable price,and WHEREAS, pursuant to§695 of General Municipal Law,the City may dispose of real property at the highest marketable price at public auction or by sealed bid,and WHEREAS, pursuant to§507 of General Municipal Law,the City is also authorized to dispose of real property through the Ithaca Urban Renewal Agency(IURA)to a qualified and eligible sponsor(aka preferred developer)to a preferred developer(aka a "qualified and eligible sponsor")at a negotiated sales price for a specific end use.A public hearing must be held on any IURA-proposed property sale,fgliowing publication of a notice disclosing the w terms of the sale and Common Council approval of the propo sale is required,and 10te WHEREAS,the 2012 City budget includes revenues of$120,000 fro ale of City properties,so purchase price is a consideration in selecting the method of disposition,and WHEREAS, public policy objectives are best achiev fo on of 321 Elm by seeking the highest marketable price; now,therefore, be it RESOLVED,that the Mayor,subje` deice of the City orney,is he y authorized to enter into agreements to dispose of 321 Elmira Rd. by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable price,and be it further RESOLVED,that the Mayor,subject to advice of the City Attorney, is authorized to convey a quit claim or warranty deed for 321 Elmira Rd.for a e at the highest marketable price. i Item pNU Item # 8 b f. Cherry Street—Parcel 100.-2-1.2— proposed transfer to IURA for commercial development (lead agency, environmental review,) Proposed Resolution Planning & Economic Development Committee April 11,2012 Authorize Subdivision and Transfer to IURA of 6 Acre Parcel a utherly End of Cherry Street— Declaration of Intent to be Lead Agency WHEREAS,the City of Ithaca Common Council is considering trans la,tire portion 8.25 acre parcel located at the southerly end of Cherry Street(tax parcel#100.-2=' .2)to the Ithaca Urban R _al Agency to issue an RFP for sale of the property to a purchaser committing to undertake an economic developmetnt project,and WHEREAS,the proposed subdivision will result in a 6 acre portion directly accessible to Cherry Street(Parcel A)to be transferred to the IURA and a remainder parcel of approximately 2.25 acres(Parcel B)to be retained by the City,as further shown on a "Survey Map Showing Lands Owned by the City of Ithaca Located at Southerly End of Cherry Street", prepared by T.G. Miller P.C.,dated March 5, 2012,and WHEREAS,the proposed subdivision and transfer of an approximately 6 acres 911anis a Type I action under the City Environmental Quality Review Ordinance(CEQRO), and WHEREAS,State Law and Section 176.6 of CEQRO require that a Lead A cy be established for conducting environmental review of proposed actions in accordance with local and state environmental law,and WHEREAS,State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action,and WHEREAS,the City o fithaca Planning 8&Developm rd is an involved agency that has jurisdiction to fund, approve or undertake the., sed action; now,therefore, be it RESOLVE,that the City of Itha mmon Council does hereby declare its Intent to Declare Itself Lead Agency for the environmental review of the osed subdivision and transfer a portion of City-owned land at the southerly end of Cherry S to the IURA. F. Discussion It G. Approval of Minutes H. Adjournment Alderperson McCollister motioned to adjourn; seconded by Alderperson Kerslick. Passed 5-0. Item # 8 c City of Ithaca Planning & Economic Development Committee Wednesday, October 10, 2012—6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Jennifer Dotson, Chair; Seph Murtagh, Graham Kerslick, and Ellen McCollister Committee Members Absent: Stephen Smith Other Elected Officials Attending: Mayor Svante Myrick, and Alderperson Cynthia Brock Staff Attending: Phyllisa DeSarno, Deputy Director, Economic Development; Lisa Nicholas, Senior Planner, Department of Planning and Development; Jennifer Kusznir, Senior Planner, Department of Planning and Development; Debbie Grunder, Executive Assistant, Department of Planning and Development; Nels Bohn, Director, Ithaca Urban Renewal Agency (IURA) Others Attending: Tom West, City Engineering, Engineering Department; Aaron Lavine, City Attorney; Gary Ferguson, Ithaca Downtown Alliance, and Heather Filiberto, Chair Jennifer Dotson called the meeting to order at 6:08 p.m. A. Agenda Review Item #E2 will be briefly discussed, but no action will be taken. It will be forwarded to ILPC for action. B. Special Order of Business Tom Newton, PO Box 216, Ithaca, spoke on behalf of the Waterfront project and the changes in the Waterfront Zone. He distributed the decision that was made last year at the Planning Board. He came seeking clarification to the Waterfront Zoning changes. Mickey Roof, property owner in the West End. She had questions regarding the changes in the Waterfront zoning code. She asked for clarification of the requirement of 63' so her project can go through. John Snyder, spoke regarding the Waterfront Zone. It is poor soil to work with. The need for parking is crucial. Looking at using most of the first floor as parking but the new zoning changes might complicate the project. He needs clarification. Item # 8 c Public Comment and Response from Committee Members There was no response from committee members. C. Announcements, Updates and Reports 1. Intermunicipal Planning Coordination No new information on this topic to report. 2. Dredging/ Hydrilla Lisa Nicholas stated there would be an update in December on Dredging. 3. Emerson No new information on this topic to report. 4. Commons No new information on this topic to report. 5. Energy Action Plan 6. Collegetown Zoning Graham stated that the Collegetown working group is focusing on the form based code and Comment[jcmi]:See tape 7. Parking Requirements (minimums and R1/R2 Updates) No information to report on this topic. Item # 8 c D. Action Items 1. Neighborhood Improvement Incentive Fund (NIIF) (6:15 pm) (Fall Creek Neighborhood Block Party: memo, application, resolution) Item # 8 c 2. Site Plan Review Ordinance (6:20 pm) (ordinance with non-substantive revisions) The changes to the ordinance are from the last committee meeting and discussions with the Board of Public Works. Ellen stated that Cornell had made comments and asked whether they were taken into account with these last revisions. The Planning Board made the decision that Cornell's comments didn't warrant making an additional change to the ordinance. Lisa had two tiny changes—ask Lisa for these changes before going to the December council meeting. Item # 8 c 3. Historic Slate and Stone Sidewalks— Proposed Policy Change (6:25 pm) (resolution) Chair Dotson stated the ILPC wants to weigh in on this topic before planning committee acts on it. Attorney Lavine stated that this came about because the City sidewalk crew was at a loss when it came to replacing sidewalks when it involved slate rather than concrete. As sidewalk season is coming to an end, it is not crucial to act on this resolution right now. A permanent easement agreement will bring more assessed value in the City. Per the county assessment office, if the easement stays separate, it will be more valuable. i Comment[jcm2]:Alderperson Graham)asked about the existing bus shelter and what will happen to it. Kersl;ek7 Tom West answered that the developer and TCAT have been meeting and agree with the new location. Item # 8 c 4. Hotel Ithaca— Use of City Land (6:35 pm) (concept memo, map, lead agency resolution, neg dec resolution, permanent easement agreement, resolution) • Nels Bohn explained the project being on the end of the Commons, it will encroach on City land and requires a permanent easement approved by Common Council in addition to the Board of Public Works. Item # 8 c 5. Changes to Community Investment Incentive Program (6:50 pm) (List of projects that have received abatements, list of community benefits targeted in existing program, revised policy form/application, resolution) Seph Murtagh asked if there are any other projects coming down the pike that would be interested in this program. Philly DeSarno stated that all new developments are looking for abatements and all staff is very adamant that the projects are sustainable, etc. Graham asked if we are asking ourselves whether the City is getting what it needs. Heather Filiberto stated that manufacture and business companies don't see a profit of any kind until after the first year. This is where the abatements help to subsidize these costs. The approval committee will consist of the City Mayor, Director of Planning and Development, City Controller, and the Director of IURA. Graham asked whether these projects could be denied even after the developer completed all the requirements. Heather stated that any project could be turned down. Jennifer Dotson would like to see more incentive for more dense development. Her example is the area of the City where Pudgies is located. Three occupiable stories should be redefined. Should the percentage of the property or project be changed? Core urban areas of the City— Downtown, Waterfront, South West—these boundaries were set due to low growth. Philly DeSarno reported to the group that Bob Sweet, National Development Council, has been asked to present as seminar to Council during the November City Administration Committee Meeting. It was decided that the City Controller would not be added to the approval committee by this committee but rather the full Council. Item # 8 c A. Discussion Items 1. Agenda Planning —potential upcoming items Landmarks ordinance, public art approval process, downtown density zoning Item # 8c B. Approval of Minutes C. Adjournment (7:30 pm) Graham Kerslick moved to adjourn; seconded by Murtagh. Meeting was adjourned at 8:30 p.m.